Can a Police Officer Ask for Your Name While Detaining You?

If an officer detains you because he suspects you have committed a crime, you have certain rights under the law. These interactions can be frustrating and intimidating, which makes it important to understand ahead of time what you can and cannot do. One question our clients have sometimes asked is whether the officer can ask a suspect to identify himself as part of his investigation. A recent case before the Arizona Court of Appeals, Division Two, explores this very question.

In the December 2024 case, the defendant argued that it was unreasonable for an officer to ask his identity when the officer was questioning him for allegedly threatening his neighbor. The officer had arrived at the neighbor’s house, and in the course of investigating the possible issue, he asked the defendant to identify himself. According to the defendant, his identity was not at issue, and the officer did not need to ask for this information.

The court disagreed with the defendant. There is a law in Arizona, said the court, that requires a suspect to provide his full name when an officer is investigating him during a lawful detention. The law, A.R.S. §13-2412, says the following:

It is unlawful for a person, after being advised that the person’s refusal to answer is unlawful, to fail or refuse to state the person’s true full name on request of a peace officer who has lawfully detained the person based on reasonable suspicion that the person has committed, is committing or is about to commit a crime.  A person detained under this section shall state the person’s true full name.

This essentially means that as long as the officer has a reasonable basis for questioning the suspect, the officer can ask the suspect’s name, and the suspect must answer truthfully.

Therefore, if you have been stopped by an officer, the only legal basis you might have to refuse to provide your name is if the stop itself is unconstitutional. However, because of A.R.S. §13-2412, we recommend complying with the officer’s request for identification if you find yourself in this situation. If you think the request was unreasonable, contact a trusted attorney afterwards in order to challenge the legitimacy of the stop. An aggressive defense attorney should be able to examine the facts of your case to determine whether you have a sound argument under the law.

Do You Need a Phoenix Criminal Defense Attorney by Your Side?

At the Law Office of James E. Novak, we fight relentlessly for our clients’ rights and freedoms, because we know how much is on the line when you are facing criminal charges. Our firm is based on the philosophy that the client’s needs and defense come first. We are dedicated to providing a strong defense, every time for every client.

If you need an experienced Phoenix criminal defense attorney, call us at the Law Office of James E. Novak for a free and confidential consultation at (480) 413-1499. You can also fill out our online form to tell us about your case and have an attorney reach back out to you as soon as possible regarding next steps.