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Being stopped by police can be an uneasy experience for even the most law abiding person. In Utah, people often wonder whether they are required to provide identification, what their rights are, and how to respond appropriately. Even those that know their rights experience the anxiety that comes with being stopped by police and can forget to make sure proper procedure is being followed.
At Catherine Cleveland, Esq., our criminal defense attorneys believe that everyone deserves to understand what is required during an interaction with the police. Our attorneys can explain Utah’s stop-and-identify laws, when officers can legally ask for ID, the consequences of refusing, and how you can protect your rights before and after encounters with law enforcement.
Utah’s stop-and-identify law sets the boundaries for when police can lawfully detain someone and ask for identifying information. Whether you’re walking down the street or pulled aside for questioning, knowing when an officer has legal grounds to stop you and what information you must provide can help protect your rights and prevent unnecessary conflict.
Under Utah law, a peace officer may stop you in a public place when the officer has reasonable suspicion that you have committed, are committing, or are attempting to commit a public offense. During such a stop the officer may ask for your name, address, date of birth, and an explanation of your actions.
Reasonable suspicion is a legal standard lower than probable cause. It means the officer can point to particular facts or circumstances suggesting criminal activity may be occurring. A mere hunch is not enough.
When the stop is lawful, officers can ask for:
When being stopped, it’s important to know what police can and cannot ask for to avoid unnecessary issues. You deserve for your rights to be upheld during a police stop, but it is important not to cause further issues by not providing the legally required information.
You are required to provide your name and/or date of birth if an officer lawfully stops you under Utah Code § 77-7-15 and demands it in a way reasonably related to the stop. However, you are not always required to show a physical driver’s license or ID card unless you are driving or otherwise covered by additional laws.
There are limitations to Utah’s stop and identity laws:
Refusing to provide your name or date of birth when lawfully stopped and demanded may lead to criminal charges. Under Utah Code § 76-8-301.5, it is a Class B misdemeanor to refuse to disclose your identity during a lawful stop when it was demanded in a manner reasonably related to the stop’s justification.
You maintain the right to remain silent beyond providing your name or date of birth. You may respectfully decline to answer additional questions. If you believe the stop is unlawful or the demand for your identity is unrelated to the justification for the stop, you may say you wish to remain silent and ask whether you are free to go.
If the stop lacks reasonable suspicion, then any demand for your identification may be unlawful, and evidence obtained may be suppressed in court. A criminal defense attorney can challenge the stop’s legality, the basis for the demand, and whether your rights were violated.
No matter what circumstances you are being stopped under, it is important to remain calm and recite your rights in your head. Know the law and what you can and cannot do during a stop. That is the best way to get through the interaction and then seek legal help if necessary. Remember to:
If you believe you were unlawfully stopped or asked to provide identification in violation of your rights in Utah, Catherine Cleveland, Esq. is ready to help. With years of experience in criminal defense in Salt Lake City, our firm understands how stop-and-identify laws operate and the protections available under both Utah and federal law.
Our strategies include:
If you have experienced a police stop, or are now under active investigation, and are unsure whether your rights were respected, reach out to Catherine Cleveland, Esq. for a free consultation
Contact us today for a free, confidential consultation. We will speak to you about your interaction with police and make sure your rights were upheld after being stopped by law enforcement.
