Indiana’s “Stop and Identify” Statute: Understanding Your Rights and Obligations

“Stop and Identify” statutes allow law enforcement to briefly detain and question individuals who are suspected of committing a crime. In Indiana, a person who is lawfully stopped or detained by law enforcement must provide identification. Understanding the requirements and limits of this law is crucial for preserving your rights and avoiding legal consequences. 

What are you required to do? 

Under Indiana Code § 34-28-5-3.5, a person who has been lawfully stopped for an infraction or ordinance violation must provide: 

1. Their name, address, and date of birth; or
2. A valid driver’s license, if in the person’s possession.

The statute does not require individuals to carry physical identification documents, but that is required when operating a vehicle. If you do not have a driver’s license when you are stopped, verbally providing your name, address, and date of birth is sufficient.  

What if you refuse to identify yourself? 

Failure to provide this information during a lawful stop can have criminal consequences. Under Indiana law, a person who knowingly refuses to provide identifying information when legally required to commit a Class C misdemeanor. 

Potential penalties for a Class C misdemeanor include: 

1. Up to 60 days in jail; and 
2. Up to $500.00 in fines.

There is also the potential for additional charges if the encounter escalates, such as if the person resists arrest or obstructs justice. 

 What rights do you retain? 

Although you are obligated to provide this identifying information when legally required, Indiana law does not infringe on your constitutional protections. When stopped by a law enforcement officer under this statute, you retain the right to: 

1. Remain silent after providing your driver’s license or name, address, and date of birth.
2. Refuse to consent to searches of your vehicle, person, or belonging, however officers may have other lawful grounds to complete a search.
3. Seek legal advice if you believe the stop was unlawful ,or your rights have otherwise  been violated. 

 If you have questions about Indiana’s “Stop and Identify” statute, or would like assistance following a police encounter, please reach out to one of our attorneys at McNeelyLaw LLP by calling (317) 825-5110. 

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.