Failure to Disclose Identity

We've all seen old World War II movies where German officers stop citizens and ask, "Your papers, please." But did you know "papers" referred to a person’s identification documents? In today’s terms, it would be like someone saying, "May I see your ID?"
attorney meeting with client at desk

“Papers, Please”

In the United States, you don’t need to carry identification just to walk down the street. Here’s what you should know about when police in Utah can ask for your ID—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 §77-7-15, they can ask you to identify yourself only if they have 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 don’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

However, even with reasonable suspicion, police cannot demand to see a physical ID unless you’re driving or required by law to carry one.

How to Identify Yourself, Utah Code §76-8-301.5

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 birthdate 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!

Originally Published: November 26, 2024

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