ARS 13-2412When your required to provide your name to the police13-2412. Refusing to provide truthful name when lawfully detained; classificationA. 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, but shall not be compelled to answer any other inquiry of a peace officer. B. A person who violates this section is guilty of a class 2 misdemeanor.
Please note several important things about this law. First the law DOES NOT required that you present identification to the police. The law says you must verbally state your name. to fail or refuse to state the person's true full nameYou do not need to give the police any identification or ID. Second the police can only demand that you give them your name when they have “reasonable suspicion” to arrest or detain you. “Reasonable suspicion” usually means that A) a crime has occurred and B) that you match the description of the suspect and C) thus the police have “reasonable suspicion” to stop you and determine if you are the suspect. If the police don’t have “reasonable suspicion” to stop you then this law doesn’t apply and you don’t have to tell the police your name. For a more complete discussion of “reasonable suspicion” visit this link. I have talked to several lawyers on the Hiibel case and they all say it just opens a huge can of worms. One issue is the Supreme Court has routinely said the police can lie and try to trick a suspect into confessing. What if the police lie and tell you that they have “reasonable suspicion” to detain you, when they don’t have “reasonable suspicion”, and then demand that you state your name? Can you take the Fifth and demand that you wish to speak to your lawyer, so your lawyer can determine if the police have “reasonable suspicion” to detain you, and then based on your lawyers advice, decide whether to tell the police your name? The lawyers say that sounds like a good answer. But the lawyers also say that has never been tested and they don’t know if it will hold up in court. Another question is Hiibel didn’t take the Fifth. Hiibel just told the police that it was none of their business what his name was. So can you take the Fifth and refuse to obey this law? The lawyers say that sounds good too. But again it has never been tested in court so they don’t have an answer.
Some other incidents where crooked Phoenix police officers have violated my civil rights:
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