Important: This article is intended to provide general information and is not legal advice. The facts of every legal matter are different, and the law itself can change. For advice about your specific legal question or situation, MNLRIS recommends consulting with a licensed Minnesota attorney who can apply current Minnesota law to the facts of your case.

Getting pulled over by the police is a nerve-racking experience. The suddenness and high intensity of the situation might make you forget your rights, if you were even fully aware of them (most people aren’t). For instance, while police officers must identify themselves when pulling someone over, whether you have a legal obligation to give your information to them varies from state to state

In Minnesota, legally, you do not have to identify yourself to the police unless there is reasonable evidence that you are involved with a crime. When asked, you have the right to remain silent and not say whether you were born in the country or what your name is (if you verbally assert you are exercising your right to silence). Minnesota stands in contrast to many other states, where the law affirms you must give your information to the authorities or face legal penalties. Those states are known as stop and identify states.

A stop and identify statute asserts that law enforcement can order individuals to verify their identities and detain them if necessary as long as they have reasonable suspicion of criminal activity. Even if they don’t have enough evidence to charge you, police in those states still have the legal authority to get your information.

Since the Fourth Amendment prohibits unwarranted searches, even in stop and identify states, officers can only stop someone and request their information if they have evidence or justifiable suspicion suggesting that person has committed a crime or is about to. The intent behind the stop and identify law is to allow police officers to gather intelligence to prevent a crime before it occurs.

The country seems divided on the ID statute, as 23 states have the stop and identify law, while the other half don’t. Some feel that state ID statutes are too broad and imprecise in specifying how a person should identify themselves. For example, while Indiana requires that a person provide their name and date of birth, Nevada only requires that the individual give their name to the police. There have been scenarios where significant negative public opinion and advocacy have been brought to bear against these practices, such as with New York’s stop-and-frisk program.

Since Minnesota isn’t a stop and identify state, Minnesotans don’t have to provide their information unless the police have probable cause. Still, you have other legal obligations to uphold when talking with an officer. While you don’t have to answer the police’s questions about your identity, when pulled over, you are still required to show your driver’s license and proof of insurance when asked.

When interacting with a police officer, you should:

If the worst-case scenario happens and you find yourself with a court date, Minnesota Lawyer Referral and Information Service (MNLRIS) can help. Our referral counselors can help you find aggressive, competent legal representation you can trust. We can set up appointments with attorneys to ensure you get the assistance you deserve. Call (612) 752-6699 to learn more about how to get an experienced private practice defense lawyer for your case.

The post Can You Refuse to Give the Police Your Information in the State of Minnesota? first appeared on Minnesota Lawyer Referral and Information Service.