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 Nevada, the law aligns with the 'stop-and-identify' statutes that require individuals to provide their identification to law enforcement officers under certain conditions. According to Nevada Revised Statutes (NRS) 171.123, when an officer has reasonable suspicion to believe that a person has committed, is committing, or is about to commit a crime, the officer may detain that person to ascertain their identity and the suspicious circumstances surrounding their presence abroad. Failure to identify oneself can be considered obstructing a public officer, which is a misdemeanor under NRS 197.190. However, if an individual reasonably believes that providing their name could be self-incriminating, they may have the right to refuse under the Fifth Amendment, as established by the Supreme Court in Kolender v. Lawson. Additionally, providing false information to a police officer is a crime in Nevada. It's important for individuals in Nevada to be aware of these obligations and rights when interacting with law enforcement.