SNIP This is the basis for the request for ID, not the Terry stop itself.
No offense, but now you are going in circles a little bit. We started this part of the thread with your comment that "the thing that got Hiibel, and the main crux of why the officer had the right to identify him is the possible DUI issue."
There is nothing in the record we have in front of us to do with DUI, except for the brief comment in the second paragraph of the opinion.
What are you really trying to say? That the cop
could have just as easily used PC on DUI to justify an identity demand? Or, that the cop
did use PC on DUI for the identity demand? In which case, you must have information we don't have in front of us. Which is OK; just put the information in front of us--link to lower court case, arrest report, whatever.
Edited to Add: OK. I just finished watching the YouTube video of Hiibel's police encounter (just enter Hiibel in the YouTube search function).
The cop walks up and after greeting Hiibel says he heard there was a fight. In the next few moments he asks Hiibel for ID. This goes back and forth for some time. The cop asking, Hiibel wanting to know why but not being told why he is being investigated, except for the first hint that the cop heard there was a fight. At one point the cop goes so far as to say he is investigating because he wants to know what is going on. At another point the cop asks him how he got home yesterday.
What I view as another contradiction against a DUI investigation is that the cop didn't ask to see his drivers license. The cop asked if he had his ID on him, and repeatedly asked him for ID, not a drivers license.
Other than that, no real indications that the cop was pursuing a DUI investigation. Which is contradicted by the fact that the cop asks Hiibel's wife, after Hiibel is cuffed and place in the police car, if she can calm down so the cops can take the cuffs off her and "talk about it." (She had gotten out of the truck yelling when she saw Hiibel cuffed).
So, if you have other information , Aegri, that is fine and OK. Just tell us where to find it.