If a police officer stops you while you are walking down the street and asks for your name, do you have to provide it to them? You might think that you are always required to provide your identification to a law enforcement officer when asked. However, that is not always the case. In fact, whether or not you must provide your name is dependent on a number of factors.
The state you are in is one of the most important things that will determine if you have to give the police your name. Some states have laws called “stop and identify” that say you have to tell a police officer your name when you are stopped. However, there are some exceptions to this rule, even in Stop and Identify states. Keep reading as we tell you all the details about Stop and ID laws and give you a list of Stop and ID states.
What Is A “Stop And Identify” State?
So, what is a “Stop and Identify” state? This is a state in which you must identify yourself to a police officer when stopped. Typically, you are only required to provide your full name to the officer. In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court held that it is not a violation of your Fourth Amendment constitutional rights to provide your name to the police when stopped during a valid Terry stop. After providing your name, you still have the right to remain silent and are not required to answer any additional questions.
So, do you have to identify yourself to the police in every circumstance? You might be wondering whether a police officer can randomly stop you on the street and ask for your name or ID. The answer is no. Even in Stop and ID states, the officer must have some reasonable suspicion that you have committed, are committing, or are about to commit a crime. They cannot randomly stop you and ask for your name. If they do, you are not required to provide your name to them, even in a Stop and ID state.
Variations In Stop And Identify Statutes
So, are the laws the same in all Stop and Identify states? The answer is no. Since the laws vary from state to state, it can be difficult to know exactly what is required in each state. Some states do not have stop and identify statutes at all, while others have varying statutes. The reasons for which an officer can stop you also differ from state to state.
A handful of stop and ID states explicitly require a suspect to provide identifying information. However, some states only give the police the authority to ask for identifying information. You can likely already see how this can cause confusion. If the police have the authority to ask for identifying information, are you required to provide it? Generally, those states have held that you must provide identifying information to the police when they ask for it as part of a stop for probable cause.
Even with the laws mentioned above, only a few states explicitly make it a crime to refuse to provide identifying information. A couple of states even allow a police officer to consider the fact that you refused to provide your name when deciding whether to make an arrest. Lastly, what is considered “identifying information?” In most states, you must provide your full name to the officer. Some states also require you to provide your residence address, date of birth, and even your intended destination. If pulled over for a traffic stop in a motor vehicle, identifying information typically includes your driver’s license, vehicle registration, and proof of insurance.
So, what happens if you refuse to give your name to the police? As we already mentioned, only a few states explicitly make this a crime. In those states, you cannot be arrested for failing to provide your information. However, state laws allow for an arrest due to obstruction, and failure to provide your name or comply with a peace officer’s commands is usually classified as such.
Stop And Identify Laws By State
Here are the laws in each state regarding the requirements to stop and identify yourself. Remember that this list is provided for educational purposes only and is not intended to provide legal advice.
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- Alabama — An officer may stop anyone in a public place that they suspect has committed, is committing, or is about to commit an offense. The officer is allowed to ask for their name, address, and an explanation of their actions.
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- Alaska — There is no stop and identify statute in Alaska.
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- Arizona — A person who is lawfully detained will need to provide their full legal name, but they are not required to provide any additional information to the officer. Failure to provide this information is considered a Class 2 misdemeanor.
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- Arkansas — Stop and ID law is tied to the loitering law, and an officer may ask for the person’s name and a reasonable account of their actions if they are loitering or prowling.
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- California — There is no stop and identify statute in California.
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- Colorado — A suspect is required to give his name and address when stopped under reasonable suspicion. The suspect may also be required to provide an ID and give an explanation of his actions.
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- Connecticut — There is no stop and identify statute in Connecticut.
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- Delaware — A suspect may be detained and required to provide his name, address, destination, and an explanation of his actions. Wen detained under the stop and ID statute, the detainment can last for no more than two hours.
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- D.C. — There is no stop and identify statute in DC.
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- Florida — A police officer may stop you with a reasonable suspicion that you have committed, are committing, or are about to commit a violation of any law in the state. You will be required to identify yourself, but the law is not specific about which pieces of identifying information are required.
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- Georgia — A person suspected of loitering or prowling may be stopped by a police officer and asked for identification. The suspect may also be required to provide an explanation of his actions.
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- Hawaii — There is no stop and identify statute in Hawaii.
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- Idaho — There is no stop and identify statute in Idaho.
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- Illinoi — A police officer may stop you in public with reasonable suspicion, and the officer may ask you for your name, address, and an explanation of your actions. The questioning must occur in the same vicinity where the stop occurred.
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- Indiana — It is a crime to refuse to provide your name, address, date of birth, or driver’s license (if in your possession) when asked by a law enforcement officer after being stopped for an infraction.
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- Iowa — There is no stop and identify statute in Iowa.
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- Kansas — A police officer may stop you in public on reasonable suspicion and may demand your name, address, and an explanation of your actions.
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- Kentucky — There is no stop and identify statute in Kentucky.
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- Louisiana — Similar to other states, an officer in Louisiana may stop a person in a public place if they reasonably suspect the person has committed, is committing, or is about to commit a crime. The officer may demand the person’s name, address, and an explanation of their actions.
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- Maine — Upon probable cause, an officer may stop and require a person to provide their name, address, and date of birth. Persistent refusal to provide this information will result in a class E misdemeanor charge.
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- Maryland — The stop and ID statute in Maryland applies specifically when the officer reasonably believes that a suspect is wearing, carrying, or transporting a handgun. The officer may request the name and address of the suspect.
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- Massachusetts — An officer may stop a suspect upon reasonable suspicion and demand their destination and their business.
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- Michigan — There is no stop and identify statute in Michigan.
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- Minnesota — There is no stop and identify statute in Minnesota.
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- Mississippi — There is no stop and identify statute in Mississippi.
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- Missouri — Upon reasonable suspicion, an officer may stop a suspect and demand their name, address, and the business they are conducting.
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- Montana — An officer may stop any person or vehicle as long as they have “particularized suspicion.” The officer may ask for the person’s name, address, and an explanation of their actions.
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- Nebraska — A peace officer may stop a person in a public place with reasonable suspicion and demand the suspect’s name, address, and an explanation of their actions.
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- Nevada — An officer may stop a suspect under reasonable suspicion and demand the suspect identify himself. There are no specific requirements for the identifying information that must be provided. Stops under this law are usually limited to 60 minutes.
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- New Hampshire — An officer may stop a suspect under reasonable suspicion and demand the suspect’s name, address, destination, and business abroad.
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- New Jersey — There is no stop and identify statute in New Jersey.
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- New Mexico — There is no stop and identify statute in New Mexico.
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- New York — An officer may stop a person in a public place as long as the officer has reasonable suspicion that the person has committed, is committing, or is about to commit a crime. The officer may demand the suspect’s name, address, and an explanation of his actions.
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- North Carolina — There is no stop and identify statute in North Carolina.
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- North Dakota — An officer may stop any person reasonably suspected of committing a felony, a misdemeanor related to weapons, burglary, or drug offenses. The officer may demand the suspect’s name, address, and an explanation of his actions.
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- Ohio — The statute in Ohio requires a person to provide his name, address, and date of birth to an officer when stopped on reasonable suspicion of criminal activity.
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- Oklahoma — There is no stop and identify statute in Oklahoma.
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- Oregon — There is no stop and identify statute in Oregon.
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- Pennsylvania — There is no stop and identify statute in Pennsylvania.
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- Rhode Island — A police officer may stop and detain anyone they have reason to suspect is committing, has committed, or is about to commit a crime. The officer may demand the suspect’s name, address, destination, and business abroad.
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- South Carolina — There is no stop and identify statute in South Carolina.
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- South Dakota — There is no stop and identify statute in South Dakota.
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- Tennessee — There is no stop and identify statute in Tennessee.
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- Texas — There is no stop and identify statute in Texas; however, it is a crime to provide false identification to an officer.
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- Utah — An officer may stop a suspect in a public place under reasonable suspicion and demand the suspect’s name, address, and an explanation of his actions.
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- Vermont — When an officer has reasonable grounds to suspect the person of criminal activity, the suspect must identify himself to the police officer.
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- Virginia — There is no stop and identify statute in Virginia, although some municipalities do have stop and ID statutes.
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- Washington — There is no stop and identify statute in Washington, but some municipalities have stop and ID statutes.
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- West Virginia — There is no stop and identify statute in West Virginia.
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- Wisconsin — A person reasonably suspected of committing a crime may be stopped and asked for their name, address, and an explanation of their actions. They must provide this information to the officer
- Wyoming — There is no stop and identify statute in Wyoming.
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Your Obligations When Interacting With A Police Officer
We already mentioned that your obligation to provide your name to an officer was dependent upon reasonable suspicion of criminal activity; now we will discuss the details of your obligations when interacting with an officer in different settings.
— In Public / Consensual
When interacting with a police officer in a public place or as part of a consensual conversation, you generally have no duty to provide anything to the officer. You are not required to provide your name or any other identifying information. You also have the right to leave the conversation at any time. Similarly, you can record police officers in public, and they cannot ask you to stop or delete the footage. This is one of your rights that the police don’t want you to know about!
— Detained / Reasonable Suspicion
Once an officer detains you on suspicion of a crime, your rights change slightly. First, they must have a reasonable belief that you have committed or are about to commit a crime. At that point, you must comply with the officer’s request to stop. In Stop and ID states, you must provide your name and identifying information to the officer when asked. You will also be subject to a pat down or frisk, and the U.S. Supreme Court has held that this pat down or Terry search is not a violation of your rights. A pat down for weapons after detainment is necessary for public safety and the safety of the officer. Also, remember that providing false information to an officer usually violates other state laws and can get you arrested.
— Arrested
Once you have been arrested for a criminal offense, your rights change slightly again. Police may arrest you using an arrest warrant, but they can also arrest you without one if they witness the crime or have enough probable cause. Upon your arrest, you are not required to answer any questions, and you also have the right to an attorney. You should inform the officers that you wish to speak to an attorney, and you should not answer any questions or provide them with any more information. Even if you think you are being arrested improperly, you should not resist arrest. You should comply with their commands and work with a criminal defense attorney to defend the charges against you.
Remember that even after an arrest, police need a search warrant to examine the contents of your phone. The courts have held that the data on your phone cannot harm a police officer, so they are not allowed to search your phone after an arrest without a search warrant.
What Happens If You Refuse To Identify Yourself?
If you refuse to identify yourself during a valid police stop, what will happen to you depends on the state in which you were stopped. A few states make it a crime to refuse to provide identifying information. In those states, you could be arrested for a violation of this statute. However, other states do not explicitly make your refusal to provide your name a crime. However, those states have other laws that might apply.
For instance, many states have laws against “resisting, obstructing, or delaying a peace officer.” If you fail to provide your name after being asked by the officer, this might be considered an obstruction or delay. If you continue to refuse, then you could be arrested for an obstruction infraction.
Possible Penalties For Failure To Identify
So, what penalties might you face if you refuse to identify yourself to a police officer? Again, the laws vary from state to state. In most Stop and ID states, failure to identify is usually classified as a misdemeanor offense by the penal code. Misdemeanors are punishable by up to one year in jail, and they can also include fines. The punishment for failure to identify is usually determined by the other charges brought against the suspect. On its own, a failure to identify charge will usually carry 30 days or less of jail time and a fine of $1,000 or less.
The Bottom Line
Stop and ID states require you to provide your name to a police officer when stopped under reasonable suspicion. Some states also require you to provide other pieces of identifying information, like your address or date of birth. Even in Stop and ID states, you are never required to provide any information to the police unless you are suspected of some criminal activity. Penalties for failure to identify are usually misdemeanor charges, and those penalties can include up to one year of jail time and possible fines.
Frequently Asked Questions
What is the purpose of a stop and ID law?
The purpose of a stop and ID law is to allow a police officer to stop you and ask for your name after suspecting you of some criminal activity. These laws allow a police officer to properly investigate this criminal activity. These laws often apply in loitering or prowling circumstances, but they can also apply to other suspected types of unlawful activity. Failing to comply with an officer’s lawful commands can get you arrested, and you could even face jail time for refusing to give the officer your name.
Do passengers have to show ID to the police?
Passengers in a motor vehicle during a traffic stop do not have to show ID to the police unless they are also suspected of a crime. A passenger may politely ask the police officer if they are free to go. If the answer is yes, the passenger may calmly and quietly exit the vehicle and leave the scene. If the passenger is not free to go, then they are being detained and will be required to show ID to the police officer if they are in a Stop and ID state.
What is the penalty for not showing ID?
Failure to show your ID usually results in misdemeanor charges. The punishment for these charges can range from a small fine to jail time. Typically, no more than one year of jail time may be imposed as a sentence for not showing your ID. Fines of up to $1,000 might also be imposed in some cases. If the suspect is only charged with failure to identify and no other charges, a small fine and possible probation time is usually imposed. However, if other charges are present, the failure to identify yourself might add more jail time to the total sentence.
Do law enforcement officers have to show ID?
No, law enforcement officers are not always required to show you their ID. Many people mistakenly believe that a police officer must always identify himself if you ask. However, that is not the case! Many police departments have undercover officers that investigate crimes. These undercover officers cannot properly do their jobs if everyone knows that they are police officers. Not only do officers not have to identify themselves, but they can also lie to suspects during questioning.
