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 New Hampshire, there is no specific 'stop and identify' statute that requires individuals to provide their identification to police officers under all circumstances. However, under New Hampshire law, specifically RSA 594:2, if an officer has stopped an individual based on reasonable suspicion that the person has committed, is committing, or is about to commit a crime, the officer may ask the person for their name, address, and an explanation of their actions. Failure to provide accurate information can lead to charges such as obstructing government administration. Additionally, providing false information to an officer is a misdemeanor under RSA 641:4. It's important to note that while individuals may be required to provide their name, the Fifth Amendment provides the right to not self-incriminate, which means they may refuse to provide their name if it could be incriminating, in line with the U.S. Supreme Court decision in Kolender v. Lawson. The nuances of these interactions often depend on the specific circumstances and the interpretation of reasonable suspicion by the courts.