Saturday, March 10, 2018
IC 34-28-5-3.5Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
[Pre-1998 Recodification Citation: 34-4-32-3.]
As added by P.L.1-1998, SEC.24.
i aint got an in iana coe annotate han y right now, but i woner how this gets enforce.
(my keyboar is sticky an nee s replacing.)
If you are stopped by the police:
- You NEVER have to talk to any police officer, parole/probation officer, agents or investigator on the street, at your home, at work or while in custody.
- You are not required to carry ID most places unless you are driving. You cannot be arrested for refusing to identify yourself on the street but refusing may seem suspicious.
- When stopped DO NOT run away. You can always ask, "Am I being detained?". If the police are NOT detaining you, you can leave after asking, "Am I free to go?"
- Remember that police officers DO NOT have to tell you why they are speaking to you and will often not tell you the reason when asked why they stopped you.
- Lying to a federal agent or police officer is a crime, so be mindful of what you say because it CAN and WILL be used against you. It is best to keep quiet. Remember that police are allowed to lie to you to get you to talk to them.
- The Fourth Amendment of the Constitution protects all persons from unreasonable searches and seizures. The Fifth Amendment gives every person the right to stay silent; the Sixth Amendment assures you the right to a lawyer. These rights can not be taken away by anyone regardless of whether you have been convicted of a crime in the past.
If you are pulled over by the police while driving:
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