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 Colorado, the law regarding providing identification to police officers is outlined in Colorado Revised Statutes § 16-3-103. This statute states that a person who is lawfully stopped by a police officer must give their name, address, and an explanation of their actions if requested. Failure to provide this information can lead to a charge of obstructing a peace officer. However, the law does not require a person to provide a physical ID card, just the information. Additionally, providing false information to a police officer is a separate offense under Colorado law. It's important to note that the requirement to provide identification is contingent upon the officer having a reasonable suspicion that a crime has been, is being, or is about to be committed. The U.S. Supreme Court has recognized that under the Fifth Amendment, individuals may refuse to provide their name if it could be self-incriminating. However, this constitutional protection does not extend to providing false information, which can be criminally charged.