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What to do When Asked to Show Your ID to the Police: A Comprehensive Guide to Your Rights

A common question is what to do when asked to show identification to the police. Arizona law requires a person to produce their ID when requested by police in two circumstances: (1) If the officer has reasonable suspicion to believe the person is involved in (a) a traffic violation and/or (b) criminal activity. Simply put, if police can articulate a reasonable suspicion about a person or have reason to initiate a traffic stop, a person must produce ID upon request . On the contrary, if a police officer randomly approaches a person on the street with no cause, a person is under no obligation to produce ID. In fact, a person need not speak to the officer and could just walk away. This video will examine the two circumstances Arizona law requires a person to provide ID when requested by the police.

CIVIL TRAFFIC VIOLATION PER A.R.S. 28-1595



A.R.S. 28-1595 is a civil traffic statute. It requires a driver of a motor vehicle, who is subject to a traffic stop, to display their driver's license upon police request. In short, if police stop a driver for a civil traffic violation, the police have legal right to ask the driver to produce their driver's license. And the driver is legally required to display or produce it.

Although it is true, a person always has a right to remain silent. However, the law is clear that if subject to a civil traffic stop (or detained due to reasonable articulable suspicion), one must produce their full and true name upon police request in Arizona. But no other statements should be made to police. It is important to note here that a person should NEVER provide a fake name, or another person's name and information to police. Doing this is the commission of felony offenses including criminal impersonation and possibly taking ID of another, depending on what is provided.

If a driver under A.R.S. 28-1595 does not comply with police request to produce ID, police may detain the driver for a reasonable amount of time in order to establish identity through other means. This is typically done through fingerprints. Indeed, it would be much easier just to comply with what has been deemed to be the law: produce the ID if the police have reason to request it.

STOP & IDENTIFY LAW IF REASONABLE SUSPICION EXISTS--A.R.S. 13-2412
Arizona's Stop & Identify law is under A.R.S. 13-2412. This law requires a person suspected of committing a crime to provide name, address, and date of birth to the police upon request. For the police to suspect a person of committing a crime, they must have reasonable suspicion. Basically, if police have reasonable suspicion a person has committed, is committing or is about to commit a crime, the officer may detain the person and request (1) Name; (2) Address; (3) Date of Birth.

As discussed above, a person is required to provide their TRUE full name, but is NOT required to answer any other questions. It is important to note that this law only applies when a person is detained with reasonable suspicion. If a person is not detained, the person has no duty or legal requirement to produce their name name, address or date of birth to police. It is always best to be polite and pleasant with police, but make it unequivocally clear there will be no questions answered.

REFUSING TO PROVIDE ID OR NAME IS FAILING TO COMPLY WITH LAWFUL POLICE ORDER
Refusing to provide identification or one's true full name upon police request is a crime. Indeed, A.R.S. 13-3903 defines that failing to comply with a lawful order of a police officer is a Class 2 Misdemeanor (which obviously carry misdemeanor consequences).

Any time a person is lawfully contacted by the police, either through a traffic stop or an investigation supported by reasonable suspicion, the person MUST provide their full true name and their identification. However, police asking for a person's name and ID without reasonable suspicion of a crime should result in a person walking away from the police-initiated conversation. Indeed, nobody should ever consent to a conversation or search request by law enforcement.

In this video, Tempe Arizona's Best Criminal Defense Attorney and DUI Attorney Jeremy L. Huss of Huss Law, PLLC discusses what to do when asked to show ID to the police.
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