Some states have laws (statutes) that require a person to accurately provide their identification (ID) (name, residence address, date of birth) to the police if the police have reasonable suspicion to believe (1) a crime has been committed, is being committed, or is about to be committed and (2) the person asked to provide identification is involved as a participant or as a witness. If there is no reasonable suspicion, a person does not have to provide identification—but courts often find reasonable suspicion as a matter of course.

These statutes are sometimes called stop-and-identify laws or stop and ID laws, and the violation of the statute may be a criminal offense or crime known as “failure to ID.” Stop and ID laws vary from state to state in the states that have such laws. For example, in some states failure to ID cannot be the basis for an arrest (there must be an underlying criminal offense) and in some states the obligation to provide identification only applies to a person who has been arrested.

And in some states it is a criminal offense for a person to provide a false or fictitious name, residence address, or date of birth if the person has been detained by police on the basis of reasonable suspicion or is believed to be a witness to a criminal offense.

The United States Supreme Court has held that the Fifth Amendment to the Constitution may allow suspects to refuse to give their name if they have a reasonable belief their name could be incriminating. Kolender v. Lawson, 461 U.S. 352 (1983).

In Colorado, the law regarding providing identification to police officers is outlined in Colorado Revised Statutes § 16-3-103. This statute states that a person must provide their name, address, and date of birth to a peace officer when lawfully stopped or detained and the officer reasonably suspects that the person has committed, is committing, or is about to commit a crime. Failure to provide this information can result in a charge of 'failure to identify.' However, if the officer does not have reasonable suspicion of criminal activity, the individual is not legally required to provide identification. Additionally, under Colorado law, it is a criminal offense to provide false identification to a peace officer. It's important to note that the U.S. Supreme Court has recognized that under the Fifth Amendment, individuals may refuse to provide their name if they reasonably believe it could be self-incriminating. However, this constitutional protection would be assessed on a case-by-case basis.