When Do You Have to Tell Police Your Name?

In the poem “The Love Song of J. Alfred Prufrock,” the protagonist spends his days and nights wandering the streets of the city where he lives, regretting a missed opportunity when he could have spoken, but instead, he chose to remain silent, and now he holds onto a faint hope that the opportunity will return.  If given the opportunity, Prufrock would have professed his love to a woman who probably does not reciprocate his feelings.  While unrequited love is a common enough facet of human experience, one is less likely to regret staying silent than to regret speaking.  Most broken friendships and strained familial relationships are that way because one person was too outspoken in his or her criticism of the other person, and now the outspoken person probably wishes he or she could take back his or her inconsiderate comments.  Likewise, there are plenty of people with criminal records who wish they could take back what they said in the presence of police.  The good news is that the law does not require you to say much to police; you almost always have the right to remain silent.  Here, our Miami criminal defense lawyer explains the scenarios where you must disclose your name or other information to police.

Showing Your Driver’s License at a Traffic Stop

A traffic stop can lead to a traffic ticket, or it can be a nerve-wracking few minutes followed by simply going on with your day; it can also lead to criminal charges for an offense related or unrelated to the original reason for the traffic stop.  When a police officer pulls you over because of a suspected traffic violation or because another law enforcement officer noted that your license plate was previously in a location where it looked like it was up to no good, you must show the officer who conducts the traffic stop your driver’s license and vehicle registration when the officer asks.

The law requires you to keep your driver’s license with you at all times when you are driving and to keep your vehicle registration in the car.  You can face penalties for not providing these documents, even if you possess a valid license; this is a different scenario from the crime of driving without a license.  Your driver’s license shows not only your name but also your legal residential address and your date of birth; in other words, the officer has the right to find out this information, too.

If Police Accuse You of Loitering and Prowling

According to Florida law, the police have the right to ask people for their names while investigating a possible crime, and police can and do interpret this law broadly.  The alleged crime might be something as ambiguous as loitering or prowling.  Loitering means staying still where one should not be, and prowling means moving around where one should not be, and police can decide whether you seem to be in the wrong place and use this as a justification to ask you your name.  If this happens, you must tell them your name, but you do not have to say anything else.  For example, you do not have to say how you got to the place or where you are going next, even if they ask.  When you refuse to answer a question from police, you should be specific about the fact that you are doing this, by invoking the Fifth Amendment.

Can Police Arrest You Just Because You Tell Them Your Name?

Police can require you to tell them your name if they are investigating a possible crime, but not if they are not.  Therefore, if you refuse to tell an officer your name, the officer can arrest you and, on the arrest report, accuse you of refusing to cooperate with an arrest.  You cannot stop the arrest once it has started, but you can later argue in court that there was not probable cause to involve you in the investigation, and you might be able to persuade the court to dismiss the case without formally charging you with a crime.

Invoking Your Right to Remain Silent

No one can force you to answer questions from a police officer.  It is only against the law to refuse to tell police your name in certain circumstances, and beyond your name, do not have to tell them anything.  When you refuse to answer questions, you should specifically say that you are exercising your Fifth Amendment right.

Contact Our Criminal Defense Attorneys

A South Florida criminal defense lawyer can help you if you are facing charges for refusing to speak to police.  Contact Ratzan & Faccidomo in Miami, Florida for a confidential consultation about your case.

Source:

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