The Stop and Identify Statute in Indiana

Several states have enacted laws known as “stop and identify” laws, which permit law enforcement officers to stop and request identification from members of the public. You may wonder when these rules apply, what Indiana’s laws are, and the consequences for not following them. Baldwin Perry & Wiley PC and its team of criminal defense attorneys in Indianapolis remain up-to-date on the latest changes in the law and can explain your rights and obligations under these laws. 

What Is Indiana’s Stop and Identify Statute?

This law allows law enforcement who stops a person suspected of committing a crime to provide their identifying information, such as their driver’s license or by verbally providing their name, address, and date of birth. 

When Am I Subject to the Stop and Identify Rule?

The stop and identify rule applies to lawful stops that police conduct or periods of detention. This could apply during a traffic stop or other police stop. For a stop to be valid, the law enforcement officer must have reasonable suspicion that you have committed a crime or are about to commit one. Reasonable suspicion requires concrete and articulable facts, not just a hunch. The police officer must be acting within their legal authority and jurisdiction. The purpose of the stop must be legitimate, not a ruse simply to stop people. The stop must be limited in scope and related to the initial reason for the stop.

If the stop does not meet the criteria above, it is unlawful, and you’re not required to comply with the stop and identify rule. However, that doesn’t mean police won’t take immediate action against you, so it’s crucial you get qualified legal help immediately. 

What Happens If I Don’t Follow the Rule?

If you don’t comply with the stop and identify rule when it applies, you can face serious consequences and penalties. Refusing to comply with this law can result in a conviction of a Class C misdemeanor, which is punishable by up to 60 days in jail and a fine of up to $5,000. This is in addition to any other charges you face due to the initial stop or escalation, such as resisting arrest. 

While it’s critical to know this law and the potential penalties of failing to comply with it, it’s equally important to know your other rights when interacting with police, including your right to refuse to answer other questions or consent to a search. 

Contact The Criminal Defense Team for Experienced Legal Counsel

Traffic stops can be stressful, and it’s easy to forget your rights. If you believe police have violated your rights or you’re facing charges for failing to comply with the stop and identify statute in Indiana, you should contact The Criminal Defense Team. We can launch an investigation into the stop, identify your potential defenses, and fight to protect your rights. Call us today at (317) 678-9853 to schedule a free consultation with one of our experienced criminal defense lawyers.