Applying traditional standards of reasonableness to
the facts in this case, it is clear that the government’s
interest outweighs Hiibel’s right to personal security.
Requiring a lawfully detained person to identify himself is
a minimal intrusion. This act does not require an officer to
physically touch the suspect, move him to a different
location or extract bodily fluids. NRS 171.123(3) merely
requires a person, lawfully detained on reasonable suspicion,
to identify himself. This requirement can be met
either by stating a name or producing an identification
card. How the person chooses to identify himself is left to
his or her discretion. Placing this discretion with the
detained person reduces the intrusive nature of the request
and removes any discretion by the officer to determine
if the identification satisfies the statute. Of course, if
the person provides a false name the officer may continue
to detain the person until the conflict is resolved.
