Failure to Disclose Identity

Stone River Law – Criminal Defense Team

HERE FOR YOU WHEN IT MATTERS.


“Papers, Please.”

In the United States, you donโ€™t need to carry identification just to walk down the street. Hereโ€™s what you should know about when police in Utah can ask for your IDโ€”and your rights in those situations.

No ID Necessary to Travel in America

In the United States, you have the freedom to go about your daily life without carrying identification. You’re not legally obligated to carry an ID unless you’re driving a car – where a valid driver’s license is required. This means you can run errands, walk in your neighborhood, or enjoy public spaces without needing “papers.”

Police can ask for your ID but can’t always demand it. Knowing when they’re allowed to make this request is key to understanding your rights.

When Can Police Ask for Your ID in Utah?

Under Utah code ยง77-7-15, they can ask you to identify yourself only if they haveย reasonable suspicion. This legal standard requires specific facts to believe you have committed, are committing, or are about to commit a crime.

For example, reasonable suspicion might exist if an officer sees someone acting in a way that strongly suggests criminal activity, like trying to break into a car.

However, actions like walking down the street late at night, sitting in a parked car, or recording video in public donโ€™t qualify as reasonable suspicion.

If an officer has reasonable suspicion, they can legally ask for certain information:

  • Your name
  • Your address
  • Your date of birth
  • An explanation of your actions

Note, however, that there is a difference between what police can ASK, and what you are required to TELL them.

Even with reasonable suspicion, police cannot demand to see a physical ID unless youโ€™re driving or required by law to carry one.

How to Identify Yourself, Utah Code ยง76-8-301.5

Even if a police officer has “reasonable suspicion,” Utah law and the U.S. Constitution do not require you to provide more than your name and date of birth. You must give this information only if it doesn’t incriminate you.

If you fail to provide your name and birth date when asked by an officer with reasonable suspicion, you could be charged with a Class B misdemeanor. However, you are not obligated to provide anything beyond that. Remember to remain calm and respectful, as this can help de-escalate the situation.

So, if a police officer asks you to identify yourself without reasonable cause, you can politely refuse, just as you would to a stranger. Or, if you’re feeling playful, ask them to say “papers, please” in a German accent!