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 Montana, the law regarding providing identification to law enforcement is outlined in Montana Code Annotated 45-7-302. This statute requires individuals to identify themselves to a peace officer when there is reasonable suspicion that the person has committed, is committing, or is about to commit an offense. The individual must provide their name, address, and date of birth upon request. Failure to do so can result in a charge of obstructing a peace officer. However, if an individual reasonably believes that providing their name could be self-incriminating, they may have the right to refuse under the Fifth Amendment, as established by the U.S. Supreme Court in Kolender v. Lawson. It is also a criminal offense in Montana to provide false information to law enforcement. The specifics of stop-and-identify laws can vary from state to state, and in Montana, the obligation to provide identification is tied to the officer's reasonable suspicion of involvement in a crime.