A “stop and identify” statute is a law that authorizes police officers to lawfully order people whom they reasonably suspect of committing a crime to provide certain identifying information. Before you visit the Rocky Mountains, you may wonder, Is Colorado a stop and ID state?
The answer is yes. Colorado authorizes police officers to lawfully demand certain information during traffic stops and when they reasonably suspect that you are about to commit or have already committed a crime. Outside these scenarios, the law does not require that you comply with an officer’s request to see your ID.
Stop and ID laws differ around the country. A criminal defense lawyer at The Ferrell Law Firm, PLLC, can explain Colorado’s law so you know what to expect.
What Information Is Required Under Stop and ID in Colorado?
Colorado’s “stop and identify” laws require you to show ID if the police 1) pull you over for a traffic violation or 2) detain you based on a reasonable belief of criminal activity. Outside these two instances, you aren’t required to identify yourself or answer police questions.
You should give the requesting officer accurate information about your identity. Providing false information will create more suspicion and can result in additional criminal charges.
Penalties for Refusing to Comply with Stop and ID Laws
Refusing to comply with the stop and ID law is not, by itself, a criminal violation. However, refusing to provide your information can support charges of obstruction of a peace officer. Obstruction of a peace officer is a class 2 misdemeanor punishable by up to 120 days in jail and a fine of up to $750.
Providing false information to the officer requesting your ID is also a Class 2 misdemeanor. However, it can be a Class 6 felony if it substantially impedes the investigation or arrest of a suspect who committed any of the following offenses:
- Murder,
- Manslaughter,
- Criminally negligent homicide,
- Vehicular homicide,
- Assault,
- Menacing,
- Kidnapping,
- Sexual assault,
- Robbery,
- Incest,
- Child abuse,
- Stalking, and
- Other various crimes.
A Class 6 felony is punishable by between 12 and 18 months in prison and a fine of up to $100,000. A felony conviction can temporarily or permanently strip you of some of your rights—such as the right to vote or possess a gun—severely limit your future job opportunities and damage your reputation.
Examples of When the Colorado Stop and ID Law Applies
There are several scenarios where a Colorado law enforcement officer may request your ID. Our team will outline some common examples and advise you on whether you must provide your information.
Example One
Consider that Police Officer Johnson pulls over Pete for speeding. Officer Johnson approaches the car and requests Pete’s driver’s license, registration, and proof of insurance coverage. In this scenario, the law requires Pete to provide the officer with the documents he requested. If there is a passenger in Pete’s vehicle, they are not required to show their ID to Officer Johnson, absent a reasonable indication that they are committing a crime.
Example Two
In another scenario, a police officer can contact someone inadvertently trespassing on private property and request their name and ID. Even if the trespass is accidental, seeing the person on private property is sufficient proof to believe the person is trespassing. If the individual does not have an ID, they must still provide their name and address.
Example Three
Consider that Sue, wearing all black, is walking around a department store. Police Officer Jones responds to the same department store after a cashier calls 9-1-1, reporting that a shopper wearing all black is shoplifting inside the store. Sue’s presence in the store when the call came in, combined with their all-black attire, gives Officer Jones probable cause to suspect Sue is committing shoplifting. Therefore, Officer Jones can require Sue to show her ID and further investigate.
What Should I Do If a Police Officer Asks for My ID?
In most situations, the best thing to do if a police officer asks for your ID is to give it to them. Refusing could potentially escalate the situation in unfortunate ways, so it is likely best to comply. If the officer illegally asked for your ID, we can use that fact as a defense to fight any subsequent accusations against you.
However, you do not need to answer any other questions an officer asks. Many police officers ask people several questions to gather evidence for an arrest. Even though it may seem like the officer is just trying to pass the time, they will relay anything you say to the prosecuting attorney, who could use what you say to file criminal charges against you.
Do Police Need to Read My Miranda Rights Before Requesting My ID?
No, police do not need to read your Miranda rights before they request your ID. Officers only need to read your Miranda rights once you are in custody and an interrogation has begun. You are not in custody when a police officer approaches you and asks for your ID. You can ask a police officer anytime if you are free to leave. If they say no, that means you are being detained. Once the officer detains you, you should ask to speak to a lawyer before you submit to any questioning.
Contact The Ferrell Law Firm, PLLC
Is Colorado a Stop and ID state? Yes, it is. In a stop and ID state like Colorado, law enforcement can require that you provide certain personal information during a traffic stop and when reasonably suspected of committing a crime.
A felony or misdemeanor conviction can result in criminal penalties and other long-lasting consequences that affect your future employment opportunities and reputation. Michael Ferrell is a former prosecutor. This experience gives him valuable insight into the thought processes of the prosecution and helps him build strong legal defenses for his clients. Hiring a seasoned criminal defense lawyer to fight for your rights gives you the best chance to minimize the impact of any criminal charges.
Contact our office today to schedule an appointment with a lawyer at The Ferrell Law Firm, PLLC.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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