Raymond Gardner v. Matthew T. Mglej

In 2008, Utah passed a failure-to-identify statute, Utah Code Ann. § 76-8-301.5(1), which made it a crime for a person subject to a Terry stop to refuse to disclose his name when asked to do so by a police officer. In 2011, the petitioner arrested the respondent for failure to identify himself when he refused to hand over identification during a Terry stop. At the time, no court had interpreted 76-8-301.5(1) to answer whether the requirement that a person must state his name was violated when a person declined to hand over an identification document. The question presented is: “Whether it was clearly established in 2011 that an arrest under Utah Code Section 76-8-301.5(1) for refusal to hand over an identification document violates the Fourth Amendment.”