Introduction
Stop and identify is a legal term used to describe the authority of a law enforcement officer to detain a person for identification purposes, usually when the officer has reasonable suspicion that the person is connected with illegal activity. This means that even if an officer cannot formally charge someone with a crime, they can still temporarily stop them and ask them to provide identifying information. The primary purpose of this law is to allow officers to investigate criminal activity before it occurs, and it also serves as a tool for gathering intelligence and evidence on past crimes. The Supreme Court has held that officers can only use stop and identify statutes if they have specific and articulable facts leading them to believe that the person is connected with criminal activity or is about to commit a crime. In addition, law enforcement must inform individuals of their right not to answer questions posed by officers during these stops.
State | Stop and Identify Law | Stop and Identify Law Codification | Police Killings |
---|---|---|---|
Alaska | No | No Statute | 8 |
California | No | No Statute | 156 |
Connecticut | No | No Statute | 2 |
Idaho | No | No Statute | 14 |
Iowa | No | No Statute | 9 |
Kentucky | No | No Statute | 24 |
Maryland | No | No Statute | 21 |
Massachusetts | No | No Statute | 11 |
Michigan | No | No Statute | 26 |
Minnesota | No | No Statute | 13 |
Mississippi | No | No Statute | 23 |
New Hampshire | No | No Statute | 2 |
New Jersey | No | No Statute | 14 |
Oklahoma | No | No Statute | 20 |
Oregon | No | No Statute | 17 |
Pennsylvania | No | No Statute | 25 |
South Carolina | No | No Statute | 19 |
South Dakota | No | No Statute | 4 |
Virginia | No | No Statute | 21 |
Washington | No | No Statute | 14 |
West Virginia | No | No Statute | 6 |
Wyoming | No | No Statute | 3 |
Alabama | Yes | Terry Stop | 26 |
Arizona | Yes | Detention for ID | 41 |
Arkansas | Yes | Loitering | 14 |
Colorado | Yes | Terry Stop | 42 |
Delaware | Yes | Loitering | 2 |
Florida | Yes | Terry Stop | 51 |
Georgia | Yes | Loitering | 59 |
Hawaii | Yes | Detention for ID | 6 |
Illinois | Yes | Terry Stop | 31 |
Indiana | Yes | Detention for ID | 20 |
Kansas | Yes | Terry Stop | 11 |
Louisiana | Yes | Resisting Officers | 25 |
Maine | Yes | Terry Stop | 6 |
Missouri | Yes | Terry Stop | 31 |
Montana | Yes | Terry Stop | 7 |
Nebraska | Yes | Terry Stop | 11 |
Nevada | Yes | Terry Stop | 14 |
New Mexico | Yes | Detention for ID | 27 |
New York | Yes | Terry Stop | 25 |
North Carolina | Yes | Resisting Officers | 30 |
North Dakota | Yes | Terry Stop | 4 |
Ohio | Yes | Detention for ID | 29 |
Rhode Island | Yes | Terry Stop | 2 |
Tennessee | Yes | Terry Stop | 39 |
Texas | Yes | Detention for ID | 105 |
Utah | Yes | Terry Stop | 14 |
Vermont | Yes | Detention for ID | 2 |
Wisconsin | Yes | Terry Stop | 12 |
Do You Have to Identify Yourself to the Police ?
In states known as “stop and identify” jurisdictions, police officers have the authority to stop an individual if they reasonably suspect that person of criminal activity. Individuals in these states may be legally required to provide their name, address, and other identifying information upon request of a police officer. Failure to do so could lead to a citation or arrest depending on the circumstances. Furthermore, in some cases individuals may be asked to show their ID if the officer has reasonable suspicion that the individual is not who they say they are. In such cases, failure to comply with this request can also lead to a citation or arrest. From a legal standpoint, it is important for citizens living in stop and identify states to understand their rights when encountering law enforcement; being aware of what information you must provide and when is critical for protecting yourself from potential prosecution.
Failure to Identify
If someone fails to identify themselves to the police in stop and identify states, there can be serious consequences. Depending on the laws of the given state, refusing to provide identification or giving false information may constitute a criminal offense. In some cases, this may lead to an arrest as well as possible incarceration and/or fines. If a person is arrested for failure to identify themselves, he or she may be required to remain in custody until their identity can be verified by a responsible party such as a family member or guardian. Furthermore, if charged with this offense, it may result in a permanent criminal record which could limit certain opportunities later in life such as applying for college or employment. It is important to remember that while it is within one’s rights to refuse answering any questions regarding their name or identity, doing so without cause can have potentially damaging repercussions.
Do Police Have to Identify Themselves?
In stop and identify states, police generally must identify themselves when stopping a person in certain circumstances, depending on the state’s laws. Generally, this is required when police are stopping someone to investigate if they have committed a crime or if there is reasonable suspicion that they may have done so. Police must also typically provide identification when asked by a person they have stopped. This requirement helps to ensure that people are not unlawfully detained by law enforcement and that their rights are respected. In some states, officers must explicitly state who they are and their purpose for detaining an individual in order for the situation to be considered legal. Furthermore, some states require that police must inform individuals of their right to refuse consent during a stop and search situation. This is important to make sure that people know what their rights are when interacting with law enforcement officers and understand how to protect themselves from any potential violations of those rights. In sum, police officers identifying themselves in stop and identify states ensures that their interactions are lawful and respectful of the citizens’ constitutional rights.
Stop and ID Laws
In stop and identify states, police generally must identify themselves when stopping a person in certain circumstances, depending on the state’s laws. Around twenty-two states do not have stop and identify statutes, while other states do and these vary from the terry stop, which sixteen states use, to states that use detention for ID. Generally, stop and ID laws are required when police are stopping someone to investigate if they have committed a crime or if there is reasonable suspicion that they may have done so. Police must also typically provide identification when asked by a person they have stopped. This requirement helps to ensure that people are not unlawfully detained by law enforcement and that their rights are respected. In some states, officers must explicitly state who they are and their purpose for detaining an individual in order for the situation to be considered legal. Furthermore, some states require that police must inform individuals of their right to refuse consent during a stop and search situation. This is important because people should know what their rights are when interacting with law enforcement officers and understand how to protect themselves from any potential violations of those rights. All in all, it is vital for police officers to identify themselves in stop and identify states in order for the interaction to be lawful and respectful of the citizens’ constitutional rights.
Stop and Identify States
Stop and Identify Statutes do not apply in twenty-two states in the United States. However, the other half of states do have some form of Stop and Identify Statute in place, but these statutes are rarely called by that name. For example, sixteen of the states that have a Stop and Identify Statute in place have codified them in Terry Stops, while seven use detention for ID, three use loitering statutes, and two use resisting officers laws.
Stop and ID States
1. Alabama
2. Arizona
3. Arkansas
4. Colorado
5. Delaware
6. Florida
7. Georgia
8. Hawaii
9. Illinois
10. Indiana
11. Kansas
12. Louisiana
13. Maine
14. Missouri
15. Montana
16. Nebraska
17. Nevada
18. New Mexico
19. New York
20. North Carolina
21. North Dakota
22. Ohio
23. Rhode Island
24. Tennessee
25. Texas
26. Utah
27. Vermont
28. Wisconsin
Stop and Identify Law by State
Alabama
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
26
Ranked in the US
#13
Alabama is a stop and ID state. This means that law enforcement officers have the right to stop citizens and require them to provide identification. This is largely based on the state’s Code of Criminal Procedure, which states that officers who have reasonable suspicion of criminal activity can ask for someone’s name, address, and other identifying information. If individuals fail to comply with these requests or are found engaging in criminal activities, they can be arrested, Alabama also allows officers to use force if needed to make an arrest or detain individuals.
Alaska
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
8
Ranked in the US
#38
Alaska is not a stop and ID state. This means that police officers are not allowed to make a person identify themselves without first having reasonable suspicion or probable cause of criminal activity. The right to privacy was established as part of the Alaska State Constitution, which protects citizens from unnecessary searches or seizures. In addition, Alaska's courts have consistently held that making stops based solely on race or other demographic characteristics is unconstitutional and illegal. These protections combined make sure that Alaskans' civil liberties remain protected while offering officers flexibility when addressing public safety issues.
Arizona
Stop and Identify Law
Yes
Stop and Identify Law Codification
Detention for ID
Police Killings
41
Ranked in the US
#6
Arizona is a stop and ID state. Police officers have therefore the authority to stop individuals that they suspect may be involved in criminal activity. The state has strict laws regarding the conditions under which an officer can justify a stop and ID, such as when there is reasonable suspicion that a crime has been committed or when an individual fails to comply with a request for identification. This policy has been heavily criticized by civil rights groups due to its potential for profiling, however, supporters of the law argue that it helps officers protect public safety while ensuring citizens’ constitutional rights are respected.
Arkansas
Stop and Identify Law
Yes
Stop and Identify Law Codification
Loitering
Police Killings
14
Ranked in the US
#26
Arkansas is a stop and ID state. Law enforcement officers have the authority to stop individuals for suspicion of a crime or other unlawful activities. When stopped, individuals are required to provide identifying information such as their name, date of birth, address, and identification documents; otherwise, they may be subject to arrest.
California
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
156
Ranked in the US
#1
Colorado
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
42
Ranked in the US
#5
Connecticut
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
2
Ranked in the US
#47
Delaware
Stop and Identify Law
Yes
Stop and Identify Law Codification
Loitering
Police Killings
2
Ranked in the US
#48
Delaware is a stop and ID state. This policy is meant to facilitate the investigation of crimes by helping police quickly find suspects. The standard for being stopped in Delaware is lower than in other states, meaning that officers do not need to have probable cause or reasonable suspicion. Instead, they can conduct stops based on a mere hunch or even an anonymous tip. This makes it easier for authorities to investigate and encourages citizens to cooperate with investigations by providing information when requested by law enforcement. Furthermore, Delaware provides training and education programs to ensure that police fully understand their legal obligations and rights before engaging in stop-and-identify actions.
Florida
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
51
Ranked in the US
#4
Georgia
Stop and Identify Law
Yes
Stop and Identify Law Codification
Loitering
Police Killings
59
Ranked in the US
#3
Georgia is a stop and ID state. This law has been in place since 1968 and applies regardless of the offense, meaning it can be used for minor infractions such as jaywalking or more serious crimes. In addition to questioning people about their activities, police also have the authority to examine a person's identification and detain them if warranted. Georgia's stop and ID law is not limited to public areas but also applies to private premises if an officer believes criminal activity may be taking place. While this law has proven effective in reducing crime rates in some areas, opponents argue that it allows for too much latitude in terms of police searches and could potentially lead to racial profiling or other violations of civil rights.
Hawaii
Stop and Identify Law
Yes
Stop and Identify Law Codification
Detention for ID
Police Killings
6
Ranked in the US
#41
Hawaii is a stop and ID state. In Hawaii, like many other states, if an officer has reasonable suspicion that someone has broken or is breaking the law they can demand to see one’s identification. The purpose of this policy is to allow officers to protect the public from criminals and ensure that everyone is abiding by the law. Hawaii's policy also gives officers the ability to access individuals' criminal records, which increases safety for everyone in the community. Additionally, this policy allows police officers to identify victims quickly so they can provide them with any help or support they might need.
Idaho
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
14
Ranked in the US
#27
Idaho is not a stop and ID state. This means that Idaho residents have more freedom and protection from harassment or wrongful detention due to a lack of proper ID. Additionally, it is important to note that the lack of a stop and ID requirement does not equate to increased crime or decreased public safety in Idaho; rather, it is meant to protect individuals from being unjustly questioned or arrested for simply walking in public.
Illinois
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
31
Ranked in the US
#8
Illinois is a stop and ID state. Law enforcement officers can ask individuals to present valid identification, such as their driver’s license or state-issued ID card, along with any other identifying information they may possess. The purpose of this policy is to help law enforcement detect or prevent criminal activity and ensure that those who are stopped and identified are who they say they are. It also assists in the prevention of identity theft and fraud, as well as providing law enforcement officers with the necessary information for tracking down suspects who have fled a crime scene. Ultimately, the stop and ID policy helps maintain the safety of all Illinois residents by aiming to deter crime before it happens.
Indiana
Stop and Identify Law
Yes
Stop and Identify Law Codification
Detention for ID
Police Killings
20
Ranked in the US
#22
Indiana is a stop and ID state. This means that the police have the right to ask anyone for their name, address, and identification. Once this information is provided, the individual can be released without being arrested or charged with any crime. Those individuals who are under 21 years old are required to carry their driver's license or state-issued identification card when out in public. It is also illegal for anyone over 21 years old to provide false information regarding their identity or age if they are stopped by an officer.
Iowa
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
9
Ranked in the US
#37
Iowa is not a stop and ID state. This means that Iowa law enforcement cannot ask an individual to produce identification papers if they are not suspected of a crime. Officers must have reasonable suspicion that an individual has committed or is about to commit a crime before they can make a stop and ask them for their ID. This provision ensures that Iowa citizens are protected from unlawful stops and searches as well as potential profiling by law enforcement. Furthermore, individuals in Iowa have the right to remain silent during questioning by police and do not need to answer any questions unless they are formally detained or arrested.
Kansas
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
11
Ranked in the US
#34
Kansas is a stop and ID state. This means that the police are allowed to request identification documents from any person who appears in public places. This law has been in place for several years and has proven to be an effective tool for combating criminal activity. The goal of this statute is to ensure that all individuals are accurately identified if they are questioned or detained by law enforcement officers. Additionally, Kansas allows police officers to conduct limited searches of persons’ vehicles while they are stopped as part of their mission to protect the public.
Kentucky
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
24
Ranked in the US
#18
Louisiana
Stop and Identify Law
Yes
Stop and Identify Law Codification
Resisting Officers
Police Killings
25
Ranked in the US
#15
Louisiana is a stop and ID state. This means that law enforcement officers are empowered to stop any individual if they have a reasonable suspicion of criminal activity. This allows officers to take the necessary steps to identify the individual, including requiring them to provide identification and search their personal belongings. Officers in Louisiana are also allowed to question individuals who interact with them during traffic stops and other encounters, as long as they do not exceed the scope of an ordinary inquiry. Louisiana law dictates that such inquiries must be limited in scope and duration, with evidence gathered within a reasonable time frame. Furthermore, all law enforcement officers in Louisiana must comply with the Fourth Amendment when conducting searches and seizures, ensuring that individuals’ rights are protected even during these stop and ID scenarios.
Maine
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
6
Ranked in the US
#42
Maine is a stop and ID state. Meaning, police officers have the right to stop individuals and request identification. These stops can be conducted if there is reasonable suspicion that an individual has been engaged in criminal activity, or if law enforcement officers are conducting a routine traffic stop. This practice has grown increasingly popular across the United States as a way for law enforcement to maintain public safety. In Maine, law enforcement officers must have clear cause and justification for requesting identification; if it violates any of the rights and liberties of citizens, it may be considered unlawful. Furthermore, within the framework of this practice, law enforcement officers are not allowed to search vehicles or detain individuals without probable cause.
Maryland
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
21
Ranked in the US
#20
Maryland is not a stop and ID state, which means that officers cannot randomly stop individuals on the streets or in public areas and demand identification. The state of Maryland also has specific laws that protect citizens’ right to privacy when stopped by law enforcement officers; for example, citizens can refuse to answer questions about their identity unless they have been arrested or detained for criminal behavior. Police must explain why they are stopping someone before requesting identification or conducting any searches. Altogether, these laws help protect the civil liberties of Maryland citizens and ensure equal treatment under the law.
Massachusetts
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
11
Ranked in the US
#35
Michigan
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
26
Ranked in the US
#14
Michigan is not a stop and ID state, meaning officers cannot stop someone solely because they are suspicious or appear to be committing a crime. Instead, officers must have reasonable suspicion or probable cause before they can legally detain an individual. This helps protect individuals from being unlawfully questioned and searched simply because of their appearance or behavior. Additionally, Michigan's laws require officers to inform those stopped that they do not have to answer any questions or provide identification if asked, thus protecting people's right to remain silent as outlined by the Fifth Amendment.
Minnesota
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
13
Ranked in the US
#32
Minnesota is not a stop and ID state. This means that police officers are not allowed to demand identification from citizens without reasonable suspicion or probable cause. This policy is seen as a way of respecting civil rights, as well as protecting against racial profiling and other forms of bias. The state of Minnesota also has strict laws regarding how law enforcement can conduct searches and seizures, meaning that police need to have specific reasons for engaging with a citizen before asking for ID.
Mississippi
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
23
Ranked in the US
#19
Mississippi is not a stop and ID state. Mississippi is one of the few states in the US that does not have a law allowing police officers to randomly stop and question people who are suspected of criminal activity. This ensures that the rights of individuals are protected and that no one can be stopped without probable cause or reasonable suspicion. Furthermore, data shows that when compared to other states with stop and ID laws, Mississippi has seen a decrease in overall crime rates since 2016 when this law was passed. This indicates that not having this type of law actually benefits public safety instead of hindering it.
Missouri
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
31
Ranked in the US
#9
Montana
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
7
Ranked in the US
#40
Nebraska
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
11
Ranked in the US
#36
Nevada
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
14
Ranked in the US
#28
Nevada is a stop and ID state. It means that law enforcement officers can stop and question individuals who they believe may be associated with criminal activity, provided they have reasonable suspicion to do so. It allows police officers to require individuals to identify themselves and provide their name, address, and date of birth. The state has also implemented a comprehensive training program for police departments on how to properly identify people during a stop, as well as how to distinguish between suspicious behavior and innocent activities.
New Hampshire
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
2
Ranked in the US
#49
New Jersey
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
14
Ranked in the US
#29
New Mexico
Stop and Identify Law
Yes
Stop and Identify Law Codification
Detention for ID
Police Killings
27
Ranked in the US
#12
New York
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
25
Ranked in the US
#16
New York is a stop and ID state. This means that law enforcement officers can stop people at random and request identification, as well as ask questions about their activities. This practice has been in place since the mid-1990s and is seen by many as one of the most controversial forms of policing in the country. In New York, this practice is allowed because it helps combat violence and crime, however, it has been argued that it also infringes on civil liberties and targets specific segments of society for unfair treatment. Many have also argued that there are more effective ways to reduce crime without infringing on civil liberties such as community policing initiatives and improved economic opportunities in disadvantaged areas. Despite this pushback, the practice remains in place in New York State and continues to be controversial due to its potential for misuse.
North Carolina
Stop and Identify Law
Yes
Stop and Identify Law Codification
Resisting Officers
Police Killings
30
Ranked in the US
#10
North Carolina is a stop and ID state. It allows police officers to stop, question, and investigate people whom they believe are in violation of state or local laws. It also requires police officers to inform those questioned about their right to remain silent and ask for an attorney when faced with a stop and ID request. This law has been controversial due to its potential for abuse by law enforcement officers, as those stopped have limited rights when it comes to refusing the request for identification. Furthermore, a person can be charged with a misdemeanor if they refuse to identify themselves or provide proof that they are legally present in the country.
North Dakota
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
4
Ranked in the US
#44
North Dakota is a stop and ID state. This policy is intended to increase public safety by allowing law enforcement to identify potential suspects and investigate any suspicious activity more effectively. The state's stop and ID statute applies only if an officer has reasonable suspicion or probable cause to believe that a person has committed a crime or is in possession of contraband. Those who are found to have committed a violation are subject to arrest, but those who do not violate the statute can still be asked to provide identification. North Dakota also requires police officers to inform the individual of their right against self-incrimination prior to any questioning and all collected data must be securely stored and made available for public viewing upon request.
Ohio
Stop and Identify Law
Yes
Stop and Identify Law Codification
Detention for ID
Police Killings
29
Ranked in the US
#11
Ohio is a stop and ID state. It means that law enforcement officials can perform stops if they have reasonable suspicion of criminal activity or public safety threats. In these stops, they ask the individual for valid identification, such as a driver's license or state-issued ID card. Ohio also has laws that require individuals to provide their name, address, date of birth, and Social Security number when asked by police officers in certain circumstances. These requirements allow for enhanced security for both the citizens of Ohio and its law enforcement teams.
Oklahoma
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
20
Ranked in the US
#23
Oklahoma is not a stop and ID state. This means that law enforcement officers operating in the state cannot demand an individual's identification unless they have reason to believe that the person has committed or is about to commit a crime. This works to protect citizens from potential racial profiling by law enforcement agencies as well as civil rights violations by those same agencies.
Oregon
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
17
Ranked in the US
#25
Oregon is not a stop and ID state. This means that police officers are restricted from randomly stopping citizens without reasonable suspicion or probable cause. It also prohibits them from demanding identification from individuals who are not suspected of a crime. Oregon's laws are designed to protect the civil rights of its citizens by limiting the powers of law enforcement, and ensuring that all citizens are treated equally under the law regardless of race, ethnicity, gender, or other factors.
Pennsylvania
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
25
Ranked in the US
#17
Rhode Island
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
2
Ranked in the US
#50
South Carolina
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
19
Ranked in the US
#24
South Carolina is not a stop and ID state. This means that police officers are not allowed to stop and question people without probable cause. South Carolina has adopted a policy of qualified immunity, which provides protection from civil liability and other forms of legal action when police officers use reasonable force while performing their duties. This helps ensure the safety of both citizens and officers by allowing individuals to remain safe while still receiving the necessary attention. The state has also adopted a strong stance on racial profiling, ensuring that all individuals, regardless of race or ethnicity, are treated equally under the law. Finally, South Carolina has enacted laws that provide greater transparency for its police departments when it comes to data collection and practices related to stop-and-identify policies. These measures help ensure that law enforcement officials do not infringe upon citizens' rights in any way.
South Dakota
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
4
Ranked in the US
#45
South Dakota is not a stop and ID state. This means that an individual cannot be randomly stopped by police without reasonable suspicion or probable cause. The state of South Dakota instead requires officers to have a legal justification for any stop or search, such as articulable facts, specific information, and/or reasonable suspicion. This is beneficial to citizens as it helps to ensure that their Fourth Amendment rights are respected and upheld.
Tennessee
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
39
Ranked in the US
#7
Tennessee is a stop and ID state. The law allows law enforcement officers to check for any outstanding warrants or past criminal history when they pull over motorists. It also permits officers to search individuals and their vehicles if they suspect that criminal activity is taking place, or if they have reason to believe an individual may be carrying a concealed weapon. Police officers receive additional training and guidance on how to appropriately handle these stop and ID encounters, ensuring that all citizens are treated respectfully and fairly throughout the process.
Texas
Stop and Identify Law
Yes
Stop and Identify Law Codification
Detention for ID
Police Killings
105
Ranked in the US
#2
Utah
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
14
Ranked in the US
#30
Vermont
Stop and Identify Law
Yes
Stop and Identify Law Codification
Detention for ID
Police Killings
2
Ranked in the US
#51
Virginia
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
21
Ranked in the US
#21
Virginia is not a stop and ID state, which means that law enforcement officers cannot require individuals to show their identification or answer questions without reasonable suspicion. This is because the Virginia General Assembly has determined that such a law would be unconstitutional, as it violates citizens' Fourth Amendment rights to protection from unreasonable searches and seizures. Consequently, Virginia residents retain their right to privacy when stopped by law enforcement, allowing them to remain silent or refuse to show any form of identification. Police in Virginia is also unable to detain people solely on suspicion of citizenship, as they are required to have reasonable suspicion of criminal activity before making an arrest.
Washington
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
14
Ranked in the US
#31
Washington is not a stop and ID state and does not allow police officers to require citizens to provide identification or answer questions without reasonable suspicion of criminal activity. The Washington Supreme Court ruled in 1982 that stop and ID practices were unconstitutional, as they violated people's Fourth Amendment rights against unreasonable searches and seizures. This ruling has been upheld in numerous subsequent cases, making it illegal for law enforcement officers in Washington to conduct stop and ID investigations on individuals who are merely suspected of a crime, rather than actually being observed in the act of committing one.
West Virginia
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
6
Ranked in the US
#43
Wisconsin
Stop and Identify Law
Yes
Stop and Identify Law Codification
Terry Stop
Police Killings
12
Ranked in the US
#33
Wyoming
Stop and Identify Law
No
Stop and Identify Law Codification
No Statute
Police Killings
3
Ranked in the US
#46
FAQs
Do you have to give the police your name ?
You do not have to give your name to the police in every state – it depends on the state you are in and the ID law the state uses. In no statute states for example, you do not have to provide your name.
What states are stop and ID ?
Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maine, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Rhode Island, Tennessee, Texas, Utah, Vermont, and Wisconsin are all stop and identify states.
What are the consequences of failing to identify yourself to the police ?
Failure to identify yourself to police depends on which state you are in and the state’s ID laws. Some that incorporate detention for ID can see an individual being arrested for failing to provide ID.