Are you legally required to carry identification?

Legion Troll

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Stop-and-identify laws have their roots in early English vagrancy laws under which suspected vagrants were subject to arrest unless they gave a "good account" of themselves; this practice, in turn, derived from the common-law power of any person to arrest suspicious persons and detain them until they gave "a good account" of themselves.

Many countries allow police to demand identification and arrest people who do not carry any. Normally these countries provide all residents with national identity cards, which have the identity information the police would want to know, including citizenship. Foreign visitors need to have their passport available to show at all times.

Modern stop-and-identify laws combine aspects of the old vagrancy laws with a guide for police officers conducting investigatory stops, such as those authorized under Terry v. Ohio, 392 U.S. 1.

In Terry v. Ohio, the U.S. Supreme Court established that police may conduct a limited search for weapons (known as a "frisk") if they reasonably suspect that the person to be detained may be armed and dangerous.

There is no federal law requiring that an individual identify himself during a Terry stop, but Hiibel held that states may enact such laws, provided the law requires the officer to have reasonable and articulable suspicion of criminal involvement

Since Terry, it has been clear that a police officer who reasonably suspects that a person is involved in criminal activity may detain a person long enough to dispel that suspicion. Questions related to a person's identity are a "routine and accepted part of many Terry stops."

Knowing a person's identity may, of course, help to clear a suspect and divert the attention of the police to another suspect.

On the other hand, knowing the suspect's name may just as quickly confirm to the officer that the person is wanted for another, unrelated crime. In cases such as this, where the police are investigating a domestic dispute, officers "need to know whom they are dealing with in order to assess the situation, the threat to their own safety, and possible danger to the potential victim." "The request for identity has an immediate relation to the purpose, rationale, and practical demands of a Terry stop. The threat of criminal sanction helps ensure that the request for identity does not become a legal nullity."

In some jurisdictions, persons detained under the doctrine of Terry must identify themselves to police upon request

Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), is a United States Supreme Court case in which the Court held that statutes requiring suspects to disclose their names during police investigations did not violate the Fourth Amendment if the statute first required reasonable and articulable suspicion of criminal involvement.

In Hiibel, the Court held, in a 5–4 decision, that a Nevada "stop and identify" law did not violate the United States Constitution. The Court opinion implied that a detainee was not required to produce written identification, but could satisfy the requirement merely by stating his name.

Balancing the intrusion into the individual's privacy against the extent to which the stop-and-identify law promotes legitimate government interests, the Court concluded that the Fourth Amendment did not prohibit Nevada from making it a crime for a person detained under conditions of Terry to refuse to disclose his name to a police officer upon request.

Some "stop and identify" laws do not require that a detainee identify himself, but allow refusal to do so to be considered along with other factors in determining whether there is probable cause to arrest. In some states, providing a false name is an offense.

Four states’ laws (Arizona, Indiana, Louisiana, and Nevada) explicitly impose an obligation to provide identifying information.


https://en.wikipedia.org/wiki/Stop_and_identify_statutes
 
Stop-and-identify laws have their roots in early English vagrancy laws under which suspected vagrants were subject to arrest unless they gave a "good account" of themselves; this practice, in turn, derived from the common-law power of any person to arrest suspicious persons and detain them until they gave "a good account" of themselves.

Many countries allow police to demand identification and arrest people who do not carry any. Normally these countries provide all residents with national identity cards, which have the identity information the police would want to know, including citizenship. Foreign visitors need to have their passport available to show at all times.

Modern stop-and-identify laws combine aspects of the old vagrancy laws with a guide for police officers conducting investigatory stops, such as those authorized under Terry v. Ohio, 392 U.S. 1.

In Terry v. Ohio, the U.S. Supreme Court established that police may conduct a limited search for weapons (known as a "frisk") if they reasonably suspect that the person to be detained may be armed and dangerous.

There is no federal law requiring that an individual identify himself during a Terry stop, but Hiibel held that states may enact such laws, provided the law requires the officer to have reasonable and articulable suspicion of criminal involvement

Since Terry, it has been clear that a police officer who reasonably suspects that a person is involved in criminal activity may detain a person long enough to dispel that suspicion. Questions related to a person's identity are a "routine and accepted part of many Terry stops."

Knowing a person's identity may, of course, help to clear a suspect and divert the attention of the police to another suspect.

On the other hand, knowing the suspect's name may just as quickly confirm to the officer that the person is wanted for another, unrelated crime. In cases such as this, where the police are investigating a domestic dispute, officers "need to know whom they are dealing with in order to assess the situation, the threat to their own safety, and possible danger to the potential victim." "The request for identity has an immediate relation to the purpose, rationale, and practical demands of a Terry stop. The threat of criminal sanction helps ensure that the request for identity does not become a legal nullity."

In some jurisdictions, persons detained under the doctrine of Terry must identify themselves to police upon request

Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), is a United States Supreme Court case in which the Court held that statutes requiring suspects to disclose their names during police investigations did not violate the Fourth Amendment if the statute first required reasonable and articulable suspicion of criminal involvement.

In Hiibel, the Court held, in a 5–4 decision, that a Nevada "stop and identify" law did not violate the United States Constitution. The Court opinion implied that a detainee was not required to produce written identification, but could satisfy the requirement merely by stating his name.

Balancing the intrusion into the individual's privacy against the extent to which the stop-and-identify law promotes legitimate government interests, the Court concluded that the Fourth Amendment did not prohibit Nevada from making it a crime for a person detained under conditions of Terry to refuse to disclose his name to a police officer upon request.

Some "stop and identify" laws do not require that a detainee identify himself, but allow refusal to do so to be considered along with other factors in determining whether there is probable cause to arrest. In some states, providing a false name is an offense.

Four states’ laws (Arizona, Indiana, Louisiana, and Nevada) explicitly impose an obligation to provide identifying information.


https://en.wikipedia.org/wiki/Stop_and_identify_statutes

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