The Cowboy and the Cop: The Saga of Dudley Hiibel, 9/11, and the Vanishing Fourth Amendment

Abstract

In Hiibel v. Sixth Judicial Court, the Supreme Court held that a rural rancher/cowboy, lawfully parked by the side of the road, could be deemed a criminal simply for refusing to identify himself to a police officer, notwithstanding that he was guilty of no other crime. In this essay, Professor Loewy explores how we came to reach such a legal climate; and, in the course thereof, ultimately focus on whether Dudley Hiibel was a victim of 9/11. And, if he was, are we all less free because of it? The professor begins this essay by examining the circumstances surrounding Mr. Hiibel's confrontation with the Nevada police. Next, he suggests a hypothetical dissenting opinion that should have been written in this case. Then, he discusses the potential ramifications of the case on the citizenry. Finally, the professor concludes with Dudley Hiibel's poignant comments about his case, regretful to say, were more prescient than those of the five Justices that voted to uphold his conviction.