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 Delaware, there is no specific 'stop and identify' statute that requires individuals to provide their identification to police officers under all circumstances. However, under Delaware law, specifically Title 11, Section 1902 of the Delaware Code, a person is required to give their name, address, business address, and date of birth to a law enforcement officer who has lawfully stopped the person and requests the information, provided the officer reasonably suspects the person has committed, is committing, or is about to commit a crime. Failure to provide such information can lead to a charge of 'criminal impersonation,' as per Title 11, Section 907 of the Delaware Code, if the individual gives a false name, address, or date of birth with the intent to hinder or prevent the officer from identifying the person. It is also a criminal offense to provide false information to law enforcement. The Fifth Amendment provides protections against self-incrimination, and as established by the Supreme Court in Kolender v. Lawson, individuals may refuse to provide their name if there is a reasonable belief that doing so could be incriminating.