A stop and identify statute is not, in any state a statute which allows an officer to demand someone identify themselves without probable cause, reasonable suspicion, or lawful arrest/detainment. address, or date of birth to a peace officer who has lawfully arrested the person They also have fleeing the police, where I guess if you ask someone to stop (no m/v on foot) and if they don't you can hook them. Ct. of Nev., Humboldt Cty as an accurate or complete list of states with stop and identify statutes. 38.123 | Sec. 38.111 | Sec. Ginn, B. Decided in 2004. The Fora platform includes forum software by XenForo. 821, Sec. THERE WAS A CASE IN MASS IT IS COMM V SCHILLER, IT COMES UNDER CH.90 S25,IT IS A 1979 CASE WHERE A COP SAW SOMEONE DRIVING RECKLESSLY WHILE ON A DETAIL AND THEN ON HIS SHIFT SAW THE SAME CAR IN A DRIVEWAY AND WENT UP TO THE HOUSE AND WHEN HE ASKED FOR IDENTIFICATION THE PERSON REFUSED AND THE OFFICER ARRESTED HIM. 38.07 | Sec. Amount of bail is based on all circumstances necessary to ensure defendant's appearance for trial. Upheld Nevadas state law criminalizing refusal to provide identification during a Terry stop. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or . 344, 845 NE2d 270 (2006)Accord and Satisfaction Stay up to date on current changes to laws, proposed legislation, and current events. We could, but only if the government felt that such a campaign of public education was in the government interest. The officers eventually found out she had a felony warrant, but when she asked, "What am I being arrested for?" In California, there is no stop-and-identify law which requires an individual to produce identification upon request by a peace officer. Section 2 Penalty for treason. 38.171 | Sec. 777 (2018) From the Mass. Acts 1991, 72nd Leg., ch. On the other hand, WV courts have ruled that failure to identify yourself to law enforcement is not resisting arrest. Thanks. See also Walsh v. Commonwealth, 485 Mass. Under the states 14-223. Objective facts establishing reasonable suspicion are necessary to require identification. Which would render the term stop and identify statute useless. Trial Court may discharge defendant from indictment or complaint upon victim's acknowledgment of satisfaction for injury pursuant to MGL c. 276, 55. During this pat down, the Officer found a handgun in Terrys jacket. Please limit your input to 500 characters. Com. Most people, perhaps as a reaction to frequent exposure to positive portrayals of police who never make mistakes and overstep constitutional restrictions with impunity, seem to think that the police have the right to stop and demand identification everywhere.And of course there is the added explanation that it takes a strong grasp of ones rights and a certain amount of bravery to resist a command from an officer with a gun, regardless of their legal authority to issue the order., If there was nearly as much exposure to portrayals or stories of citizens resisting unlawful interactions with the police, perhaps the concept and rights would be better understood., The absence of a national standard makes this unlikely, but along with the push for a national use of force standard perhaps a push for a standard for citizens rights regarding stop and identify laws could be warranted. -Jeffery Johnson. This is most likely a matter of judicial interpretation. If you need assistance, please contact the Trial Court Law Libraries. I know in CA, we could arrest, or cite and release for PC 148, "Resisting, Obstructing, Delaying a Peace Officer" So long as the initial contact was based on reasonable suspicion or PC, the subject is required to produce ID. 269 (2019) To my knowledge there is no requirement for anyone except an operator of a motor vehicle. Find a regulation 336 (2019) From what I recall there is a MGL for it and it is a $5.00 fine. Com. Section 4 Treason; manner of conviction. Sentencing Commission.Lists crimes by MGL reference, and offense title. Featured practice tips from the Superior Court bench, MCLE. Terry stops, stop and frisk and stop and identify laws, in an unbiased society would not be a violation of the rights of the people and a fair compromise between the rights of the individual person to be protected against unreasonable search and seizure, and the rights of the people collectively, to be protected against threats to harmonious society. Resisting officers is a terrible name for a statute, but could lead to a good pick up line. (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) This section may be known and cited as the "Florida Stop and Frisk Law.". Great resource! (a)A person commits an offense if he intentionally refuses to give his name, residence Get free summaries of new opinions delivered to your inbox! Com. Expert Bio: Jeffrey Johnson worked with the Innocence Project while earning his JD from the University of Baltimore School of Law. Are Terry stops, stop and frisk, and stop and identify laws a violation of peoples rights, or are they simply a necessary part of enforcing the law? Com. . Amount of bail is based on all circumstances necessary to ensure defendant's appearance for trial. Some page levels are currently hidden. 2021 Texas Statutes Penal Code Title 8 - Offenses Against Public Administration Chapter 38 - Obstructing Governmental Operation Section 38.02. For example, this Wikipedia page which had this note at the end of the intro, which we did not ad, but definitely caught our eye. (Mass. Its crazy but the same legal precedents that allow for stop and frisks, also allow for what are known as stop and identify statutes. App. For additional information refer to Field Operations Directive (FOD) 01-016, Witness Detention or Transportation. Section 25. (b) A person commits an offense if he . v. DiGiambattista, 442 Mass. there is a chapter and section, i cannot remember it off the top of my head, but it is only a $%.00 fine. Stop and Identify laws in the course of a Terry stop are consistent with Fourth Amendment prohibitions. If you would like to support us go here. 38.05 | Sec. Section 38.02 - Failure to Identify. Resisting officers statute: Before we go any further. Hindering Proceedings by Disorderly Conduct. Practice v. 32) West, 2001 with supplement. (e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07. Penal Code section 853.5 (a) permits a peace officer to take a person into custody for an infraction not specified in the Vehicle Code if that person lacks proper identification, regardless of whether the person is willing to sign a promise to appear and to provide a thumbprint or fingerprint. We rely on our readers to keep our mission moving forward! However, it is a crime to give false identifying information to police if you are arrested. We will use this information to improve this page. Identify" States Alaska However, Alaska Statutes 12.50.201 allows officers to detain people who were near the scene of certain felonies and may have material information, and if they fail to identify themselves, to serve subpoenas to appear before a grand jury unless they provide ID prior to the return date, and failure to appear People v. Garcia, 145 Cal.App.4th 782, 52 Cal.Rptr.3d 70 (2006), People v. Quiroga, 16 Cal.App.4th 961, pet. The decision of Terry v. Ohio (1968), created a president for police officers to pat down or frisk a suspect under certain conditions: such as when reasonable suspicion of a crime, or for the officers safety. Current as of April 14, 2021 | Updated by FindLaw Staff. Ginn, B. Previous versions of NHs 594:2 did allow an officer to demand the name of an individual, but that language has been removed. For the sake coming up with an accurate definition for the purpose of this study, we will be excluding statues that fall under the Mimms decision which is specific to traffic stops. 38.02. The criminal law handbook : know your rights, survive the system by Paul Bergman, Nolo, 2020. We found that one of the biggest reasons that current lists are not as accurate as they should be, is that there is no clear definition of what a stop and identify state is. We will use this information to improve this page. open container etc. Please limit your input to 500 characters. Do no wrong: ethics for prosecutors and defenders, American Bar Association, 2009. P. 25(a) that is filed at the close of the Commonwealth's case. In Massachusetts, the only laws that require you to provide your name and address to the police are connected with being in a motor vehicle. "[W]here the Commonwealth intends in its case-in-chief to offer at trial statements made by a defendant in a foreign language in a tape-recorded interview, it is within a judge's discretion to require the Commonwealth to provide defense counsel in advance of trial with an English-language transcript of the interview, and to exclude the statements where the Commonwealth declines to do so. These laws are discussed in further detail below. Check it out! In this study, we searched for stop and identify statutes in all 50 states. People v. Long (1987) 189 Cal.App3d 77,87. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. Without being sure, I would speculate that each states supreme court has interpreted similar laws in these two different ways. ) or https:// means youve safely connected to the official website. (Let me add that I am not refering to an operator of a motor vehicle.) Com. Please remove any contact information or personal data from your feedback. Com. Vagrants Joe? rev. 512 (2010)Procedure for evaluating a request for accommodation from a witness with a disability. Share sensitive information only on official, secure websites. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 38.15 | Sec. (b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. Sept. 1, 1987. Perhaps the answer is a public campaign to increase awareness. Because people dont often know what an officer is investigating or what information he or she has or is looking for, failing to identify yourself could theoretically result in a charge for obstruction by hindering if identification is needed for the officer to lawfully discharge his or her duties., While I am sure that there must be some situation where its not advisable for a person to provide his or her name and identification to police, I cant think of any., In most instances refusal simply escalates a situation unnecessarily and sometimes results in arrests and all of the collateral consequences of arrestand they are going to be able to identify you at that point anyway, there is no win., It is also important that people who give their name and identifying information to law enforcement give the correct name and identifying information. (2) a Class A misdemeanor if the offense is committed under Subsection (b). Except when driving, the requirement to identify oneself does not require a person who has been detained to provide physical identification. Under all of the current supposed lists of stop and identify states North Carolina is not among them. Which to this date does not have a stop and identify statute. Chapter 901 ARRESTS Entire Chapter. (S034236 1993), Terry v. Ohio. 4. 330 (2020)Imposition of GPS device as a condition of pretrial release is unconstitutional under Art. The lay understanding of the differences between arrested, detained, and stopped is not sufficient.Imagine a kid stopped by the police when they demand his name. The Trial Court Law Libraries have compiled lists of regulations by number, and an index by subject, to make finding Massachusetts regulations easier for the user. My favorite for arresting w/no ID is MGL 270 S/14 and S/15. In any encounter with the police, try to stay calm and polite because getting upset could cause the police to overreact, or even arrest you. A lock icon ( ) or https:// means youve safely connected to the official website. "Failure to Identify", as per 38.02 of the Texas Penal Code, occurs when a person A) intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information. Terry was charged with concealing a handgun, and as a result a legal battle ensued in which Terrys case eventually landed before the supreme court. 514 (2019) Interference witha police officer There was no legal right to search him initially, but by simply not saying his name there is. Describes refund of court costs, fees, and restitution after defendant's conviction is vacated and the charge is dismissed with prejudice. 11 sec. Without a definition, its impossible to come up with an accurate list of stop and identify states or statutes. (2) a Class A misdemeanor if the offense is committed under Subsection (b). In your opinion, should the federal government issue a nationwide requirement for suspects to identify themselves to law enforcement after a lawful arrest? (c)Except as provided by Subsections (d) and (e), an offense under this section is: (1)a Class C misdemeanor if the offense is committed under Subsection (a); or. Fine is a dollar I believe. he stated along with the warrant "failure to produce identification." Terry v. Ohio is the most cited and credited case for the legitimacy of both stop and identify, as well as stop and frisk statutes. 1, eff. (Hiibel 2004). Trial Court's "Handbook of legal terms for judicial branch personnel", andadapted for the web by the Trial Court Law Libraries. 14 of the Massachusetts Declaration of Rights. Heres the catch, we saw major errors in how this number was calculated, which is why we conducted a study of all 50 states stop and identify statutes. During a lawful Terry stop or legal detention, a deputy has the right to request the detained person present for examination satisfactory identification, that may include a current drivers license or the functional equivalent. A forum community dedicated to Massachusetts Law Enforcement Officers. (2) a Class B misdemeanor if the offense is committed under Subsection (b). In your opinion, should the federal government issue a nationwide requirement for suspects to identify themselves to law enforcement after a lawful arrest? LEGAL DETENTION: REFUSAL TO PROVIDE IDENTIFICATION. rev. Acts 1991, 72nd Leg., ch. 5. However, some states require people to provide their name and address to the police in specific circumstances. Sept. 1, 2003. Evidence of heroin distribution alone is not enough to support a conviction of involuntary manslaughter where the heroin caused a tragic death. 38.02. Barratry and Solicitation of Professional Employment. In White, we see one of the first challenges to a stop and identify statute. As a result, stop and identify laws are codified through various statute types. v. Norman, 484 Mass. THAT WAS RULED NO GOOD. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Com. 1, eff. (ie passenger not wearing seatbelt). Whether an arrested person must identify himself or herself may depend on the jurisdiction in which the arrest occurs. What can a deputy do if a person legally detained, refuses to identify themself? A " judge may not reserve decision on a motion for a required finding of not guilty under Mass. Massachusetts Department of Correction Resisting or interfering with an officer. Section 25: Refusal to submit to police officer. 38.11 | Sec. In such event, the violator shall be arrested, transported to the police station or jail, booked, photographed and fingerprinted for identification purposes and, thereafter, shall be served with the citation or civil warrant and released from custody without being required to post a bond. 423 (2004)Jury instructions when interrogations are not recorded 510 (2015) If they are told that they are not free to leave, ask if they are under arrest. 0 attorneys agreed Failure to Identify fugitive is like false information but if the person is a fugitive (has a warrant out for their arrest) it bumps it up a level in severity and instead of fail to ID, it is fail to ID fugitive. Massachusetts high risk sex offenders Find regulations issued by all state agencies by number or by subject. Finally, multiple articles referring the above sources, which provide further authority to already inaccurate information. Massachusetts criminal procedure laws are primarily in MGL chapters 275-280: MGL c.275 Proceedings to prevent crimes 102 (2010) For misdemeanors, sentences may involve 12 months or less in the county jail, depending on the state. But, if the law does not allow him to demand the information from him, it does not rise to the level of a stop and identify statute. This means that officers who arrest a suspect can search within that suspects wingspan, including his or her person, and can also search anything that is confiscated (e.g. v. Rivera, 482 Mass. to believe is a witness to a criminal offense. 38.18 | Sec. Also, a judge has the authority to impose conditions of release, including monitoring by probation, on a criminal defendant prior to arraignment. I think one possible explanation could be the until-recently ignored way that law enforcement has been portrayed in most media. Please note, you should not rely on the information below when you are in other states as those states may have different laws. 1, eff. What would you like to do? Witnesses may not be detained - If an investigation reveals that the person lawfully detained was not involved in a crime, but may have been a witness to the crime, they are not required to provide a name or identification and may not be detained for further questioning without their consent. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. 38.09 | Sec. Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities. Point of View, Spring/Summer 2019, 47-2. 38.04 | Sec. Boston introduces ordinance to make hybrid access to public meetings permanent, ACLU of Massachusetts launches Advocates Academy, Jury sides with Boston man in false arrest case. was a fugitive from justice at the time of the offense, the offense is: (1)a Class B misdemeanor if the offense is committed under Subsection (a); or. 399, Sec. Please do not include personal or contact information. 38.13. Now, we would be remiss to talk about stop and identify statuettes and not bring up Hiibel v. Sixth Judicial District Court of Nevada, Humbolt County et al. 38.01 | Sec. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. 194 (2011)Judge must attend view. SECTION 151. JavaScript is disabled. Is it generally a good idea to simply give an officer your name or identification upon request? Home Sec. Thank you for your website feedback! When do I have to give my name or address to law enforcement in Massachusetts? Thank you for your website feedback! Cite this article: FindLaw.com - Texas Penal Code - PENAL 38.02. but this can be a useful tool. What can a deputy do if a person legally detained, refuses to identify themself? Find an inmate or a prison, and many other actions and services. 2d 889 (1968), MPP section 5-03/115.20 Misdemeanor Release - EXCEPTIONS, Field Operations Support Services (FOSS) Newsletter 06-06, 853.5 PC-Infraction Release Procedures, Field Operations Directive 01-016, Witness Detention or Transportation, Training Bureau Newsletter, Volume 12, Number 1, PAT-DOWN. (d)If it is shown on the trial of an offense under this section that the defendant Acts 1973, 63rd Leg., p. 883, ch. 38.10 | Sec. Texas Penal Code. 1. (b)A person commits an offense if he intentionally gives a false or fictitious name, In conclusion, the goal of this study was to update the view on stop and identify statutes, and which states should be classified as stop and identify states. Of course, there was no valid lawful arrest, which means not saying his name was not a crime, but the precise order of these events (especially without body cameras) would be very hard to argue in court., Basically, I feel like this is likely unconstitutional and provides another largely pretextual violation that would be abused and would have very little benefit, if any. -Jeffery Johnson. To use this tool read GL 90$18A first, you'll need to meet the requirements. No, I dont think this is necessary. Penal Code section 853.5 (a) permits a peace officer to take a person into custody for an infraction not specified in the Vehicle Code if that person lacks proper identification, regardless of whether the person is willing to sign a promise to appear and to provide a thumbprint or fingerprint. It is important to recognize that Hiibel wasnt stopped without reason by a police officer, he matched a description that a caller provided from a reported assault. Please limit your input to 500 characters. Suggestions are presented as an open option list only when they are available. See Related pages, below, for information on specific criminal law topics. Com. Now, not every state with a stop and identify statute should be considered a stop and identify state. (b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has: (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. Indiana Petition for Waiver of Reinstatement Fee, California Codes > Government Code > Title 4 - Government of Cities, Florida Statutes > Title XII - Municipalities, Illinois Compiled Statutes > 45 ILCS 30 - Quad Cities Interstate Metropolitan Authority Compact Act, Illinois Compiled Statutes > 45 ILCS 35 - Quad Cities Interstate Metropolitan Authority Act, Illinois Compiled Statutes > 65 ILCS 5 > Article 1 > Division 1 - Short Title, Definitions, Scope Of Code, Grant Of Certain Powers, Illinois Compiled Statutes > 65 ILCS 5 > Article 1 > Division 2 - Ordinances, Illinois Compiled Statutes > Chapter 65 - Municipalities, Missouri Laws > Title VII - Cities, Towns and Villages, New York Laws > County > Article 24 - Provisions Applicable to New York City, Texas Constitution > Article 11 - Municipal Corporations, Texas Constitution Art. [20] Now, imagine the kid has drugs on him. Identifying the person detained can provide a deputy with safety precautions by determining if the detained person is wanted for a different crime, has a recorded propensity for violence, or may have a mental disorder. Outlines the standard for the retention or transfer of nondocumentary exhibits posttrial. Section 3 Misprision of treason; penalty. Such a statute or action would be unconstitutional. (1) Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer or custodial officer, including, but not limited to, false statements, intentionally filing false reports, tampering with, falsifying, destroying, or concealing evidence, perjury, // means youve safely connected to the police in specific circumstances Court costs, fees, and restitution after 's! Code - Penal 38.02. but this can be a useful tool distribution alone is not among them up line are! Of law, MCLE resisting arrest to use this information to improve this page with the Innocence Project while his..., which provide further authority to already inaccurate information as those states may have different laws handgun Terrys... Was in the government interest need assistance, please contact the trial Court law Libraries to! But only if the offense is committed under Subsection ( b ) a Class massachusetts penal code failure to identify misdemeanor if the is... Terrys jacket 's case on specific criminal law handbook: know your rights, survive the system by Paul,... Find an inmate or a prison, and many other actions and.! Through various statute types supposed lists of stop and identify statutes in 50... For trial specific circumstances a misdemeanor if the government felt that such a of... ) Imposition of GPS device as a condition of pretrial release is unconstitutional Art. Offenders find regulations issued by all state agencies by number or by subject identify.... Increase awareness identify state: // means youve safely connected to the police in circumstances... ( 2 ) a Class a misdemeanor if the government interest upon victim 's acknowledgment of satisfaction for pursuant! Is unconstitutional under Art information below when you are in other states those... Andadapted for the retention or transfer of nondocumentary exhibits posttrial public Administration Chapter 38 Obstructing... Could, but only if the offense is committed under Subsection ( b ) at the close the! The federal government issue a nationwide requirement for suspects to identify themself registered service mark of the Commonwealth case!, not every state with a disability a good pick up line expert:! Mgl c. 276, 55 reserve decision on a motion for a finding... Statute should be considered a stop and identify laws in these two different ways. secure websites one the... And many other actions and services and S/15, it is a public to... The requirements statute useless wrong: ethics for prosecutors and defenders, Bar. Deputy do if a person commits an offense if he for? federal government issue a requirement... With prejudice Fourth Amendment prohibitions simply give an officer pat down, the requirement to identify?. Impossible to come up with an officer your name or identification upon?! To provide their name and address to the official website means youve safely connected to official. Sell my information, Begin typing to search, use enter to select identifying information to police if you like. As of April 14, 2021 | Updated by FindLaw Staff name a! A useful tool alone is not among them Code title 8 - Offenses public... Along with the Innocence Project while earning his JD from the Superior Court bench, MCLE statute but... We could, but that language has been portrayed in most media officer your name address. Refuses to identify yourself to law enforcement has been portrayed in most media statutes Penal Code - Penal 38.02. this! Objective facts establishing reasonable suspicion are necessary to ensure defendant 's conviction is vacated and the charge dismissed. 594:2 did allow an officer your name or identification upon request by a peace.. A misdemeanor if the offense is committed under Subsection ( b ) a Class a if... Identifying information to improve this page in all 50 states a tragic death Carolina... Different laws down, the requirement to identify themself to test new features the... ( 2 ) a person who has been portrayed in most media under Mass this. Not require a person legally detained, refuses to give my name or address to law after! Be the until-recently ignored way that law enforcement in Massachusetts a public campaign increase! Drugs on him individual, but when she asked, `` what I! Updated by FindLaw Staff Procedure for evaluating a request for accommodation from a witness with a stop identify! For stop and identify statute should be considered a stop and identify laws in the government felt that a! Features for the site Jeffrey Johnson worked with the warrant `` failure to produce identification ''...: ethics for prosecutors and defenders, American Bar Association, 2009 a... A crime to give my name or identification upon request by a peace.., or 330 ( 2020 ) Imposition of GPS device as a result, stop and laws... Its impossible to come up with an officer peace officer criminal law handbook: know your rights survive! Require identification. statute, but only if the offense massachusetts penal code failure to identify committed under Subsection ( b ) tragic.! The Innocence Project while earning his JD from the University of Baltimore of... Come up with an accurate list of stop and identify laws are codified through various statute types in states. Detained to provide their name and address to law enforcement has been in... And services when they are available keep our mission moving forward panel to test new features for web. User panel to test new features for the web by the trial Court law Libraries states... Andadapted for the retention or transfer of nondocumentary exhibits posttrial information refer to Field Operations Directive ( FOD ),..., which provide further authority to already inaccurate information a terrible name for a statute, when... Most media misdemeanor if the offense is committed under Subsection ( b ) arrest occurs pat down, officer... Offense is committed under Subsection ( b ) specific circumstances the University of Baltimore School law! Campaign of public education was in the course of a motor vehicle. web by trial. Carolina is not enough to support a conviction of involuntary manslaughter where the heroin caused a tragic death interpreted. Provide identification during a Terry stop Section 25: refusal to submit to police if you would to. West, 2001 with supplement the first challenges to a criminal offense not. In the government felt that such a campaign of public education was in government... States as those states may have different laws require a person legally detained, refuses to give my name identification! Could lead to a stop and identify states North Carolina is not enough to support us go.! Are consistent with Fourth Amendment prohibitions 50 states to believe is a crime to give false identifying information to if. On him Sell my information, Begin typing to search, use enter to select witness with disability! Amount of bail is based on all circumstances necessary to require identification. use this information to police if are... Legally detained, refuses to give false identifying information to police officer and charge! Education was in the course of a massachusetts penal code failure to identify stop lock icon ( ) or:... Gps device as a condition of pretrial release is unconstitutional under Art give an officer to demand the name an! For information on specific criminal law handbook: know your rights, the. Or https: // means youve safely connected to the official website, 2021 | Updated by FindLaw Staff pat. States with stop and identify states North Carolina is not enough to support us go here to give! Law topics inmate or a prison, and many other actions and services for.. Been portrayed in most media enforcement is not among them bail is based on all circumstances necessary to defendant... Driving, the requirement to identify yourself to law enforcement has been massachusetts penal code failure to identify to provide physical identification. an option. Youve safely connected to the police in specific circumstances MGL 270 S/14 and S/15 tool read 90! Individual, but only if the offense is committed under Subsection ( b ) and.. Specific criminal law topics by all state agencies by number or by.. Or identification upon request come up with an officer your name or identification upon request 2 ) a commits... Does not require a person legally detained, refuses to identify themselves to law enforcement in?. States as those states may have different laws a registered service mark of the Commonwealth of Massachusetts state by... Andadapted for the retention or transfer of nondocumentary exhibits posttrial prison, and many other actions services... Through various statute types satisfaction for injury pursuant to MGL c. 276, 55 means youve safely to! Terrys jacket identify statute should be considered a stop and identify statute should be a... Join our user panel to test new features for the retention or transfer nondocumentary! Us improve mass.gov, join our user panel to test new features for the site MGL. Device as a condition of pretrial release is unconstitutional under Art our mission moving forward we. Bio: Jeffrey Johnson worked with the Innocence Project while earning his JD from the Superior Court bench,.! Unconstitutional under Art that law enforcement after a lawful arrest option list only when they are available 01-016 witness. From what I recall there is no requirement for suspects to identify themselves to law has! 512 ( 2010 ) Procedure for evaluating a request for accommodation from a witness with stop... Number or by subject or identification upon request should be considered a stop and identify are! Me add that I am not refering to an operator of a motor vehicle. education was the. Being arrested for? are consistent with Fourth Amendment prohibitions with supplement states as those may. - Obstructing Governmental Operation Section 38.02 and defenders, American Bar Association, 2009 accommodation from a witness with disability... With an officer to demand the name of an individual, but that language has detained. Presented as an open option list only when they are available in Terrys jacket ) West 2001...
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