Justice Stevens opined that the Court's precedent required it to strike down Nevada's stop-and-identify law. Under the Court's "Terry" jurisprudence, a suspect has always had the right to refuse to answer questions put to him by police officers during a "Terry" stop. And the Fifth Amendment privilege had always attached during custodial interrogations because information extorted by the police during such interrogations is unavoidably testimonial. Why else would the police ask for a person's name, if not to determine whether that person was either wanted for committing a crime or directly suspected of committing a crime? "The officer in this case told that he was conducting an investigation and needed to see some identification. As the target of that investigation, [Hiibel, in my view, acted well within his rights when he opted to stand mute. Accordingly, I respectfully dissent."