In the case of
HIIBEL v. SIXTH JUDICIAL DISTRICT COURT OF NEVADA, HUMBOLDT COUNTY, ET AL.. (03-5554) 542 U.S. 177 (2004) 118 Nev. 868, 59 P.2d 1201, affirmed. [
click this link for the PDF file], "Petitioner
Hiibel was arrested and convicted in a Nevada court for refusing to identify himself to a police officer during an investigative stop involving a reported assault." What is otherwise known as a "Terry Stop."
In Hibel, the U.S. Supreme Court held that one must now "identify oneself" to police officers if they request such identification. They stated in their opinion:
"Although it is well established that an officer may ask a suspect to identify himself during a Terry stop, see, e.g., United States v. Hensley, 469 U. S. 221, 229, it has been an open question whether the suspect can be arrested and prosecuted for refusal to answer, see Brown, supra, at 53, n. 3.
The Court is now of the view that Terry principles permit a State to require a suspect to disclose his name in the course of a Terry stop." [Emphasis added.]
So according to the Supreme Court you must identify yourself to a police officer during a Terry Stop and if you don't you can be arrested and convicted for failing to do so just like poor Hiibel.
I still believe the officer must have a reasonable articulable suspicion that one is engaged in, or about to be engaged in, criminal activity for their to be cause for a Terry Stop. I have been stopped more than once where no open carry was involved and harassed by cops for no good reason. Not being criminally minded or engaged in criminal activity I had no problem questioning the officers' actions. They don't like that though and on at least two occasions my standing upon my constitutionally secured Rights led to my arrest. It also led to the firing or dismissal of at least four cops, two each for two of the arrests I've mentioned. I do not go along to get along. You'd better have a damn good reason to stop and harass me because I know better.
I have yet to be stopped for open carrying but always carry an audio recorder and camera with me. No one should be without one in this day and time whether open carrying or not. I will politely answer an officer's questions within reason if stopped while open carrying, but won't be pushed around. I'm too old for egomaniacs and their games whether they have a badge or not.
If I'm open carrying I rarely have paper ID on me. I will provide my name if stopped and asked, but I cannot produce what I don't have on my person which is why the ID stays at home. There is no law that I know of that requires one to carry anything including ID when outside of one's domicile. You may or may not decide to carry ID. I only carry ID in certain circumstances, for example while traveling. If I'm riding my bicycle the ID stays at home but my firearm goes with me secured in a holster for the world to see.