Crime & Traffic

The following question was originally submitted to John Roska, a lawyer Someone who represents clients in courts or who gives legal advice and writer for the weekly column "The Law Q&A" in the Champaign News Gazette. The article has been updated to include changes in the law and additional information.

Question

Is there a law that requires you to carry any kind of ID card with you? If I carry an ID, do I have to show it if the police ask for it? If I don’t have to show an ID, can I refuse to identify myself?

Answer

There is no state of Illinois or domestic passport A document that lets a person travel outside the country law. You cannot be forced to show an ID.

You can be asked to identify yourself only if the police reasonably suspect that you are in the process of committing a crime or committed Includes juveniles in placement in the facility as part of a court order. a crime and:

• You are in a public place;
• The police think you are part of a crime; and
• The police tell you that they are police.

The police can suspect you of any crime. The crime can be a past, present, or future offense.

Once the police identify themselves, they can stop and question any person in a public place that they suspect is involved in a crime (past or present). If you are not under arrest, all questioning should occur in the general area where you were stopped and should be for a reasonable amount of time.

The police can ask for the following:

• Your name;
• Your address; and
• A reason for your actions.

Your name and address are all you may have to give in response A formal written answer to the plaintiff or petitioner's written statement . If you give your name, it must be correct, or you may be guilty of materially impeding a police investigation. Once you’ve done that, you can choose to remain silent, ask for your lawyer, or provide more information and show an ID. Many say that it is best to give more information because things may go more smoothly. Others say it is a breach of privacy. While giving more details can help smooth things, offering more information beyond your name and address can be problematic. Anything you say, even information that seems harmless, could be considered a partial confession and used against you.

If the stop includes a frisk and search while questioning you, the police officers should provide you with a stop receipt. The stop receipt will include the officers’ name and badge numbers along with the reason for the stop.

You can refuse to give your name when:

• You are not in a public place;
• The police are just making conversation; or
• The police do not think you are part of a crime.

Note: Keep in mind that when you are a driver during a traffic stop it is different. A typical traffic stop will begin with the officer asking you for your license and registration. You have to produce your license if asked by the police. It proves you’re a legal driver. Passengers don't have to show ID during a traffic stop unless there's a reasonable suspicion of criminal activity. Learn more here.