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"Stop and identify" statutes are laws in several U.S. states that authorize police to lawfully order people whom they reasonably suspect of committing a crime to state their name. If there is not reasonable suspicion that a person has committed a crime, is committing a crime, or is about to commit a crime, the person is not required to identify himself or herself, even in these states. The Fourth Amendment prohibits unreasonable searches and seizures and requires warrants to be supported by probable cause. In Terry v. Ohio (1968), the U.S. Supreme Court established that it is constitutional for police to temporarily detain a person based on "specific and articulable facts" that establish reasonable suspicion that a crime has been or will be committed. An officer may conduct a patdown for weapons based on a reasonable suspicion that the person is armed and poses a threat to the officer or others. In Hiibel v. Sixth Judicial District Court of Nevada (2004), the Supreme Court held that statutes requiring suspects to disclose their names during a valid Terry stop did not violate the Fourth Amendment. However, some "stop and identify" statutes that are unclear about how people must identify themselves violate suspects' due process right through the void for vagueness doctrine. For instance, in Kolender v. Lawson (1983), the U.S. Supreme Court invalidated a California law requiring "credible and reliable" identification as overly vague. The court also held that the Fifth Amendment could allow a suspect to refuse to give the suspect's name if he or she articulated a reasonable belief that giving the name could be incriminating. The Nevada "stop-and-identify" law at issue in Hiibel allows police officers to detain any person encountered under circumstances which reasonably indicate that "the person has committed, is committing or is about to commit a crime"; the person may be detained only to "ascertain his identity and the suspicious circumstances surrounding his presence abroad." In turn, the law requires that the officer have a reasonable and articulable suspicion of criminal involvement, and that the person detained "identify himself," but the law does not compel the person to answer any other questions by the officer. The Nevada Supreme Court interpreted "identify" under the state's law to mean merely stating one's name. As of April 2008, 23 other states had similar laws. Additional states (including Arizona, Texas, South Dakota and Oregon) have such laws just for motorists, which penalize the failure to present a driver license during a traffic stop. Encounters between law enforcement and the general public In the United States, interactions between police and others fall into three general categories: consensual ("contact" or "conversation"), detention (often called a Terry stop, after Terry v. Ohio, 392 U.S. 1 (1968)), or arrest. "Stop and identify" laws pertain to detentions. Different obligations apply to drivers of motor vehicles, who generally are required by state vehicle codes to present a driver's license to police upon request. Consensual At any time, police may approach a person and ask questions. Police may suspect involvement in a crime, but may lack knowledge of any "specific and articulable facts" that would justify a detention or arrest, and hope to obtain these facts from the questioning. The person approached is not required to identify themselves or answer any other questions, and may leave at any time. Police are not required to tell a person that he or she is free to decline to answer questions and go about his or her business; however, a person can usually determine whether the interaction is consensual by asking, "Am I free to go?". Reasonable suspicion A person is detained when circumstances are such that a reasonable person would believe the person is not free to leave. Police may briefly detain a person if the police have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Many state laws explicitly grant this authority. In Terry v. Ohio, the U.S. Supreme Court established that police may conduct a limited search for weapons (known as a "frisk") if the police reasonably suspect that the person to be detained may be armed and dangerous. While the police officer must have reasonable suspicion to detain a person, the officer has no obligation to inform the person what that suspicion was. The only time the officer would have to articulate the suspicion is when the person was arrested, and the person later challenged the validity of the stop in court. Police may question a person detained in a Terry stop but, in general, the detainee is not required to answer. However, many states have "stop and identify" laws that explicitly require a person detained under the conditions of Terry to identify themselves to police, and in some cases, to provide additional information. Before Hiibel, whether a detainee could be arrested and prosecuted for refusing to disclose their name was an unresolved issue. Authority on this issue was split among the federal circuit courts of appeal, and the U.S. Supreme Court twice expressly refused to address the question. In Hiibel, the Court opinion implied that a detainee was not required to produce written identification, but could satisfy the requirement merely by stating the detainee's name. Some "stop and identify" laws do not require that a detainee identify himself or herself, but allow the refusal to do so to be considered along with other factors in determining whether there is probable cause to arrest. As of February 2011, the Supreme Court has not addressed the validity of requirements that a detainee provide information other than their name. Some states, such as Arizona, however, have specifically codified that a detained person is not required to provide any information aside from a full name. Arrest A detention requires only that police have reasonable suspicion that a person is involved in criminal activity. However, to make an arrest, an officer must have probable cause to believe that the person has committed a crime. Some states require police to inform the person of the intent to make the arrest and the cause for the arrest. But it is not always obvious when a detention becomes an arrest. After making an arrest, police may search a person, their belongings, and their immediate surroundings. Whether an arrested person must identify himself or herself may depend on the jurisdiction in which the arrest occurs. On June 23, 2022, the Supreme Court of the United States voted six to three in the decision Vega v. Tekoh that police may not be sued for failing to administer Miranda warning. However, Miranda does not apply to biographical data necessary to complete booking. It is not clear whether a "stop and identify" law could compel giving one's name after being arrested, although some states have laws that specifically require an arrested person to give the.... Discover the 856 Court Of Criminal Appeals Of Texas N popular books. Find the top 100 most popular 856 Court Of Criminal Appeals Of Texas N books.