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 South Dakota, the law does not specifically require individuals to provide their identification to police upon request under all circumstances. However, under certain conditions, such as during a lawful stop where an officer has reasonable suspicion that a crime has been, is being, or is about to be committed, and the individual is believed to be involved, the officer may request identification. Failure to provide identification under these circumstances could potentially lead to charges if the refusal hinders the investigation. Additionally, providing false information to law enforcement is a criminal offense in South Dakota. It's important to note that the requirement to provide identification and the consequences for failing to do so can be nuanced and may depend on the specific circumstances of the encounter with law enforcement. As per the U.S. Supreme Court ruling in Kolender v. Lawson, individuals may invoke the Fifth Amendment right against self-incrimination to refuse to provide their name if they reasonably believe it could be incriminating. However, this constitutional protection would be assessed on a case-by-case basis.