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 Hawaii, there is no specific 'stop and identify' statute that requires individuals to provide their identification to police officers under all circumstances. However, under Hawaii Revised Statutes Section 710-1026(1)(b), it is a criminal offense to give false information to a law enforcement officer who is in the performance of their official duties. This includes providing a false name, address, or date of birth. While individuals in Hawaii are not legally required to provide identification to police without reasonable suspicion of a crime, if an officer has reasonable suspicion that a person is involved in criminal activity, the individual may be detained for investigation. During such a detention, if an individual provides false information, they may be charged with a crime. It's important to note that the Fifth Amendment protections recognized in Kolender v. Lawson still apply, which may allow individuals to refuse to provide their name if doing so could be self-incriminating.