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 North Carolina, there is no specific 'stop and identify' statute that requires individuals to provide their identification to police officers under all circumstances. However, under North Carolina General Statute § 14-223, it is a misdemeanor for an individual to willfully fail to obey a lawful order of a police officer if the officer is in the process of discharging or attempting to discharge their official duties. While this statute does not explicitly mandate providing ID upon request, failure to follow an officer's lawful order, which could include an order to identify oneself, may result in criminal charges. Additionally, under North Carolina General Statute § 14-225, it is a crime to give false information to an officer. This includes providing a false name, residence address, or date of birth to a law enforcement officer who is lawfully detaining the person and asking for their identification. It's important to note that the requirement to provide identification is typically contingent upon the officer having a lawful reason for the request, such as reasonable suspicion of involvement in a crime. The Fifth Amendment protections recognized in Kolender v. Lawson would apply in North Carolina, allowing individuals to refuse to provide their name if doing so could be self-incriminating.