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 Illinois, there is no specific 'stop and identify' statute that requires individuals to provide their identification to police upon request under all circumstances. However, under Illinois law, a person who is lawfully arrested for a crime is required to provide their name, address, and date of birth to the police. Failure to do so can result in an additional charge of obstructing justice. Additionally, providing false information to a police officer is a criminal offense under Illinois law. It is important to note that while Illinois does not have a 'stop and identify' statute, police officers may still ask individuals for identification during encounters. The U.S. Supreme Court has ruled that under the Fifth Amendment, individuals may refuse to provide their name if they reasonably believe it could be incriminating. However, this does not necessarily prevent police from detaining someone if they have reasonable suspicion of criminal activity. The specifics of any encounter with law enforcement can vary, and it is often advisable to consult with an attorney if there are concerns about legal rights during such interactions.