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 Oregon, the law does not specifically require individuals to provide their identification to police upon request unless they are driving a vehicle, which requires a driver to present a license upon demand. However, under Oregon law, giving false information to a police officer is a crime. Specifically, ORS 807.620 states that a person commits the offense of providing false information to a police officer if the person knowingly uses or carries the license or ID card of another, knowingly provides false information about their age, name, or other identifying information, or knowingly shows a false or altered license or ID card. While Oregon does not have a 'stop and identify' statute that compels individuals to provide their ID to law enforcement during a stop based on reasonable suspicion alone, individuals may not provide false information to the police. The Supreme Court's ruling in Kolender v. Lawson protects individuals from self-incrimination, allowing them to refuse to give their name if doing so could be incriminating under the Fifth Amendment.