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 Delaware, there is no specific statute that is commonly referred to as a 'stop-and-identify' law. However, Delaware law does require individuals to provide their name, address, business address, and occupation when a peace officer has reasonable ground to believe that the person has committed, is committing, or is about to commit a crime. This is outlined in Title 11, Section 1902 of the Delaware Code. Failure to provide such information can lead to a charge of 'loitering,' which is a violation. It is also a criminal offense in Delaware to provide false information to a law enforcement officer. Under Title 11, Section 1233 of the Delaware Code, giving a false written statement to law enforcement is a misdemeanor. As for the Fifth Amendment protections, individuals in Delaware, as in all states, may invoke their right to remain silent if they reasonably believe that providing their name could be self-incriminating, in line with the U.S. Supreme Court decision in Kolender v. Lawson.