Ending up on the wrong side of an encounter with law enforcement can be stressful. To make things more complicated, the laws for these interactions are different for each state in the USA.
Knowing what’s legally required of you when being stopped by a police officer is invaluable information, as it can help protect you from avoidable charges and unpleasant experiences. One of the most important things to be aware of is whether you’re in a “stop and identify” state.
What does “stop and identify” mean?
“Stop and identify” statutes in the United States are laws that authorize police to legally obtain the identification of someone whom they reasonably suspect of having committed a crime. If the person is not reasonably suspected of committing a crime, they are not required to provide identification, even in states with “stop and identify” laws.
The U.S. Supreme Court case Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), held that states can require suspects to disclose their names during police investigations, as long as the requirement is reasonably related to the circumstances of the police stop.
The specific laws and requirements can vary widely by state. In some states, you are only required to provide your name. In others, you may be required to provide additional information, such as your address or an explanation of your actions. In some states, you may be required to show an identification card, while in others, you can simply state your name verbally.
In all cases, these laws are subject to the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. Therefore, an officer typically must have “reasonable suspicion” that a crime has been, is being, or is about to be committed before they can require someone to identify themselves.
As always, the specifics can vary significantly by state and situation, so it’s a good idea to be aware of the laws in your particular area.
As of 2023, there are 24 states with versions of these “stop and identify” statutes.
We’ll list each of these states in this post, including the relevant legal basis for each. We’ll describe the scope and limitations of these statutes as well as provide sources for further reading. Below is a list of each “stop and identify” state in the US along with the relevant legal code for each state. Read on for more detailed information.
- Alabama: Code of Ala. §15-5-30
- Arizona: Ari. Rev. Stat. Tit. 13, Ch. 24-12 (A)
- Arkansas: Ark. Code Ann. §5-71-213(a)(1)
- Colorado: Colo. Rev. Stat. §16-3-103(1)
- Delaware: Del. Code Ann., Tit. 11, §§1902, 1321(6)
- Florida: Fla. Stat. §901.151 (2),(3)
- Georgia: Ga. Code Ann. §16-11-36(b)
- Illinois: Ill. Comp. Stat., ch. 725, §5/107-14
- Indiana: Indiana Code §34-28-5-3.5
- Kansas: Kan. Stat. Ann. §22-2402(1)
- Louisiana: La. Code Crim. Proc. Ann., Art. 215.1(A)
- Missouri: Mo. Rev. Stat. §84.710(2)
- Montana: Mont. Code Ann. §46-5-401
- Nebraska: Neb. Rev. Stat. §29-829
- Nevada: Nev. Rev. Stat. §171.123
- New Hampshire: N. H. Rev. Stat. Ann. §594:2
- New Mexico: N.M. Stat. Ann. §30-22-3
- New York: N.Y. Crim. Proc. Law (CPL) §140.50 (1)
- North Dakota: N.D. Cent. Code §29-29-21
- Ohio: Ohio Rev. Code §2921.29(A)(1)
- Rhode Island: R.I. Gen. Laws §12-7-1
- Utah: Utah Code Ann. §77-7-15
- Vermont: Vt. Stat. Ann., Tit. 24, App. §113(c)
- Wisconsin: Wis. Stat. §968.24
Alabama
The legal code for the “Stop and Identify” statute in Alabama is found in the 2022 Code of Alabama, Section 15-5-30.
This statute authorizes law enforcement officers to stop any person in a public place whom they reasonably suspect is committing, has committed, or is about to commit a felony or other public offense. They may demand their name, address, and an explanation of their actions.
Arizona
The legal code for the “Stop and Identify” statute in Arizona is found in the Arizona Revised Statutes, Section 13-2412.
This law makes it unlawful for a person to fail or refuse to state their true full name when lawfully detained by a peace officer who has reasonable suspicion that the person has committed, is committing, or is about to commit a crime.
A violation of this section is classified as a Class 2 misdemeanor.
Arkansas
The legal code for the “Stop and Identify” statute in Arkansas is outlined in the Arkansas Rules of Criminal Procedure, Rule 3.1.
This rule allows law enforcement officers to stop and detain any person they reasonably suspect is committing, has committed, or is about to commit a felony or a misdemeanor involving danger to people or property.
The rule permits officers to detain the individual for a maximum of 15 minutes to verify their identification or to determine the lawfulness of their conduct. After this period, the person must either be released without further restraint or arrested and charged with an offense.
Colorado
In Colorado, the legal code for the “Stop and Identify” statute is found in the state’s Revised Statutes, Section 16-3-103. This statute allows a peace officer to stop any person whom the officer reasonably suspects is committing, has committed, or is about to commit a crime.
The officer may require the person to give their name, address, identification if available, and an explanation of their actions. The statute emphasizes that the stopping shall not constitute an arrest.
Delaware
The “Stop and Identify” statute in Delaware is codified under Title 11, Chapter 19, Section 1902 of the Delaware Code.
According to this law, a peace officer in Delaware may stop any person in a public place whom the officer has reasonable grounds to suspect is committing, has committed, or is about to commit a crime. The officer may demand the person’s name, address, business abroad, and destination.
If the person fails to provide satisfactory identification or explanation, they may be detained for further questioning and investigation for up to two hours.
Florida
In Florida, the “Stop and Identify” statute is outlined in Florida Statute Section 901.151. This law permits law enforcement officers to temporarily detain individuals under circumstances that reasonably indicate the person has committed, is committing, or is about to commit a crime.
The officers can ascertain the individual’s identity and the circumstances surrounding their presence. Detention should not exceed a reasonable duration and should not extend beyond the immediate vicinity of the initial encounter.
If probable cause for arrest appears during the detention, the individual shall be arrested; otherwise, they must be released.
Georgia
In Georgia, while there isn’t an explicit “Stop and Identify” statute for individuals on foot, Georgia Code § 16-11-36 addresses related aspects.
It specifies that a person commits the offense of loitering or prowling if found under circumstances that warrant concern for the safety of persons or property.
However, before an arrest, the officer must give the person an opportunity to dispel any alarm by requesting them to identify themselves and explain their presence and conduct.
Illinois
In Illinois, the relevant statute for “Stop and Identify” is found in the Illinois Compiled Statutes, Section 725 ILCS 5/107-14. According to this statute, a peace officer may stop any person in a public place when the officer reasonably infers that the person is committing, is about to commit, or has committed an offense.
The officer can demand the person’s name, address, and an explanation of their actions. The stop and questioning should be brief and conducted near where the person was stopped.
Indiana
In Indiana, the “Stop and Identify” statute is codified in Indiana Code 34-28-5-3.5.
This statute states that a person who knowingly or intentionally refuses to provide their name, address, and date of birth, or their driver’s license (if in possession), to a law enforcement officer who has stopped them for an infraction or ordinance violation, commits a Class C misdemeanor.
This law applies when an officer has stopped a person under specific circumstances related to a suspected infraction or ordinance violation.
Kansas
In Kansas, the “Stop and Identify” statute is outlined in Section 22-2402 of the Kansas Statutes.
According to this law, a law enforcement officer can stop any person in a public place whom they reasonably suspect is committing, has committed, or is about to commit a crime. The officer can demand the person’s name, address, and an explanation of their actions.
Additionally, if the officer reasonably suspects that their personal safety requires it, they may frisk the person for firearms or other dangerous weapons.
Louisiana
In Louisiana, the law allows a law enforcement officer to stop a person in a public place whom they reasonably suspect is committing, has committed, or is about to commit an offense. The officer may request the person’s name, address, and an explanation of their actions.
Additionally, if the officer reasonably suspects danger, they may frisk the person’s outer clothing for a dangerous weapon.
Missouri (only in Kansas City)
In Missouri, while there isn’t a specific “Stop and Identify” statute, law enforcement officers may request identification if they have reasonable suspicion that someone is involved in criminal activity. This is especially true in Kansas City.
This is based on the legal standards of “probable cause” or “reasonable suspicion.” If an officer has reasonable suspicion that you’re engaging in wrongful activity, they can ask for your ID.
For more detailed information about your rights and law enforcement in Missouri, you can refer to the ACLU of Missouri website.
Montana
In Montana, under Section 46-5-401 of the Montana Code Annotated 2023, law enforcement officers can conduct an investigative stop and frisk.
They may stop any person or vehicle if there is a suspicion that the person has committed, is committing, or is about to commit an offense. During such a stop, officers can request the person’s name, address, and an explanation of their actions.
Additionally, if there’s reasonable cause to suspect the person is armed and dangerous, an officer may frisk the person.
Nebraska
In Nebraska, under Statute 29-829, a peace officer is authorized to stop any person in a public place whom they reasonably suspect of committing, having committed, or being about to commit a crime.
The officer can demand the person’s name, address, and an explanation of their actions. If the officer reasonably suspects danger, they may search the person for a dangerous weapon.
Nevada
Under Nevada’s stop-and-identify laws, you are required to identify yourself to law enforcement in certain situations. However, you are not always required to carry an ID. The key exception is when driving, where you must show proof of identity and driver’s license if asked.
Police can legally detain you for up to 60 minutes to confirm your identity, especially if you refuse to identify yourself. When not driving, you are only required to provide your name when asked for identification.
New Hampshire
In New Hampshire, under Section 594:2, a peace officer may stop any person they suspect is committing, has committed, or is about to commit a crime.
The officer can request the person’s name and address. However, the person cannot be arrested solely for refusing to provide this information. This law allows officers to inquire for identification purposes during encounters based on reasonable suspicion of criminal activity.
New Mexico
In New Mexico, under Section 30-22-3 of the New Mexico Statutes, it is an offense to conceal one’s identity from a peace officer. Specifically, this law states that concealing one’s true identity or disguising oneself is illegal if done with the intent to obstruct the execution of the law or to intimidate, hinder, or interrupt any public officer.
New York
In New York, according to the Criminal Procedure Law Section 140.50, a police officer may stop a person in a public place if they reasonably suspect that the person is committing, has committed, or is about to commit a crime.
During such a stop, the officer may demand the person’s name, address, and an explanation of their conduct. This law applies within the geographical area of the officer’s employment.
North Dakota
In North Dakota, a police officer is allowed to stop anyone in a public place whom they reasonably suspect of committing a crime, has committed a crime, or is about to commit a crime. This includes any felony, concealed or dangerous weapon misdemeanor, burglary, unlawful entry, or a violation involving illegal drugs.
Under the state’s “stop and identify” statute, while you have the right to remain silent, you are required to answer if the officer asks you to identify yourself. Refusal to answer this question could result in legal consequences.
Ohio
In Ohio, under Ohio Revised Code Section 2921.29, if a police officer has reasonable suspicion that you have committed a crime, they can ask for your name, address, or date of birth.
You are legally required to provide this information. Failure or refusal to provide the officer with your information can lead to a violation of this law. This applies during encounters where there is reasonable suspicion of criminal activity.
Rhode Island
A peace officer in Rhode Island may detain any person suspected of committing a crime and demand personal identification information such as name, address, and destination. Any person who fails to provide identification information and explain their activities may be further detained and investigated by the officer for up to two hours.
This is part of Rhode Island General Law 12-7-1.
Utah
In Utah, under Section 77-7-15 of the Utah Code, individuals must provide their full name, address, and date of birth when requested by a law enforcement officer during a valid stop-and-identify encounter.
Failure to comply with these requirements may result in misdemeanor charges. This law applies when a police officer has reasonable suspicion that a person has committed a crime.
Vermont
In Vermont, according to Section 1983 of Title 24 of the Vermont Statutes, a law enforcement officer is authorized to detain a person if the officer has reasonable grounds to believe the person has violated a municipal ordinance, and the person refuses to satisfactorily identify themselves when requested.
This law highlights the importance of cooperation during encounters with law enforcement, especially in situations involving suspected ordinance violations.
Wisconsin
In Wisconsin, under Wisconsin Statutes 968.24, a law enforcement officer may stop a person in a public place for a reasonable period if the officer reasonably suspects that the person is committing, is about to commit, or has committed a crime.
During this stop, the officer can demand the person’s name and address. This law facilitates police investigations when there is reasonable suspicion of criminal activity.
States with no “Stop and Identify” Law
These are states in which there are no specific “stop and identify” statutes as of 2024.
- Alaska
- California
- Connecticut
- Hawaii
- Idaho
- Iowa
- Kentucky
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- New Jersey
- North Carolina
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Virginia
- Washington
- West Virginia
- Wyoming
In addition to these states, the District of Columbia also does not have a “stop and identify” law.
Image Sources and Copyright Information
- Police Officers Engaging with Civilians During a Stop in Northridge, California: © Glenn Highcove/Shutterstock
- Police Officers on Motorcycles During a Parade: © JNix/Shutterstock
- Police Officers Standing by Their Vehicle at a Roadblock: © DanielJohn/Shutterstock
- Two Police Officers Directing Traffic on a Sunny Day: © Roberto Galan/Shutterstock
- Young Man Interacting with Police Officers at Night: © RYO Alexandre/Shutterstock
- Mounted Police Patrol on a Sunny Day in an Urban Setting: © JoshinCincinnati1/Shutterstock
- Police Cars Parked in Front of a Courthouse Building: © Aaron of L.A. Photography/Shutterstock