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 New York, there is no specific 'stop and identify' statute that requires individuals to provide their identification to police officers under all circumstances. However, under New York's Criminal Procedure Law, specifically section 140.50, police may stop a person and request information if they reasonably suspect that person has committed, is committing, or is about to commit a crime. While the law does not explicitly require an individual to provide ID, failure to provide information may lead to further investigation or detention. Additionally, providing false information to an officer is a crime under New York Penal Law section 195.05, which covers 'Obstructing governmental administration.' It is also a crime to provide a false written statement under section 210.45 of the Penal Law. As for the Fifth Amendment right against self-incrimination, individuals may invoke this right, as recognized by the Supreme Court in Kolender v. Lawson, to refuse to provide their name if they reasonably believe it could be incriminating.