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 West Virginia, there is no specific 'stop and identify' statute that requires individuals to provide their identification to police officers under all circumstances. However, under West Virginia Code §17B-2-1, individuals operating a motor vehicle must carry their driver's license and must display it upon demand to a law enforcement officer. Failure to do so can result in a misdemeanor charge. Additionally, providing false information to a police officer is a criminal offense under West Virginia Code §61-5-27. While West Virginia law does not explicitly require individuals to identify themselves during a police encounter unless they are driving, police may still ask for identification during lawful stops. The U.S. Supreme Court ruling in Kolender v. Lawson protects individuals from self-incrimination, which means that in certain circumstances, individuals may have the right to refuse to provide their name if doing so could be incriminating. It is important to note that the specifics of any encounter with law enforcement can vary, and individuals should consult with an attorney for advice pertaining to their particular situation.