Do I have to tell the police my name in California?

This page answers one question: when you must give your name or show ID in California. For everything else about a stop, see What to do if ICE or police stop you on the street or in your car. This is general information, not legal advice. DNLH is not a law office.

What is the short answer?

It depends on what is happening. Here is the quick guide.

We know a stop is scary. You do not need to remember every rule. Remember three things: you can stay silent, drivers show their license, and never lie.

Why is California different from some other states?

Some states have "stop and identify" laws. In 2004 the U.S. Supreme Court said a state may require a person to give a name during a lawful stop based on reasonable suspicion. The Court said that kind of law asks only for a name, not a card or document.

In 1983 the Supreme Court struck down California's old law that made people who were stopped show "credible and reliable" ID, because it was too vague. Two California police agencies say in their own rules today that the state has no stop and identify law:

• The San Jose Police Department tells its officers that California does not have a stop and identify law, and that refusing to identify yourself during a detention is not, by itself, illegal.
• The Los Angeles County Sheriff's Department tells its deputies that if a detained person will not identify themselves and there is not enough evidence to arrest, the person must be released.

What if I am stopped on foot?

First, find out if you are being detained. Ask, "Am I free to go?"

• If yes, you are free. You do not have to answer anything. Walk away calmly. Do not run.
• If no, you are being detained. Police may ask your name. Under San Jose police rules, an officer can ask for ID from someone detained on reasonable suspicion but cannot demand it. You can stay silent.

You have two safe choices:

1. Stay silent. Say, "I am choosing to remain silent." This is your right.
2. Give only your true name, and stay silent about everything else, like where you were born or your status.

Which is better for you depends on your situation. Saying your name lets officers look you up. Staying silent can make the stop last longer while they try to learn who you are. If you have an immigration case, an old arrest or a past deportation, ask a lawyer now which choice is safer for you. Free help is listed below.

Either way, do not lie, do not run and do not physically resist. If you think the officer is wrong, say so calmly and remember the details for later.

What if I am the driver?

You must show your license. California law says a driver must show a driver's license and registration when a police officer asks.

• An AB 60 license is a valid California driver's license. Show it. State law says it cannot be used as proof of your immigration status.
• If you are arrested for a traffic violation and cannot show a license or other good proof of who you are, the law says you can be taken before a judge instead of being released with a ticket.
• You still do not have to answer other questions, like where you are going, where you were born or how you came here.

No license yet? See Getting a driver's license without papers (AB 60) and Can driving without a license or a traffic ticket hurt my immigration case?

What if I am a passenger?

Usually you do not have to give your name. San Jose police rules say a passenger who is not suspected of anything does not have to identify themselves, and that officers may not demand a passenger's ID when the stop is only about the driver. A federal appeals court that covers California has also said officers cannot keep a car stopped longer just because a passenger will not say who they are, unless they have a reason to suspect a crime.

You can ask, "Am I free to go?" If the officer says yes, you may leave. If the officer orders you out of the car, get out slowly. The Supreme Court has said officers may order passengers out during a traffic stop.

What if I am a witness?

You do not have to give your name. Los Angeles County Sheriff's rules say witnesses are not required to give a name or ID, and cannot be held for more questions without agreeing to it. You can choose to help if you want to. If you are afraid, you can say no politely.

What if I get a ticket or am arrested?

Getting a ticket for an infraction. A ticket is a written promise to go to court. California law says the officer can only ask you to show your license or other good ID and sign the promise. If you have no ID, the officer may ask for a thumbprint on the ticket. You can be taken into custody only if you refuse to sign, have no good ID and refuse the thumbprint. So if you have no ID, giving a thumbprint and signing can keep you out of jail.

Signing is a promise to show up. Go to court on time.

After an arrest. A California appeals court decided in 1993 that refusing to give your name during booking at the jail, after an arrest for a felony, can count as delaying an officer, which is a crime. The same court said refusing after an arrest for a misdemeanor or infraction is treated differently. This area is complex. If you are arrested, ask for a lawyer right away.

What happens to your fingerprints. When you are booked, your fingerprints go to the FBI, and the FBI automatically sends them to the Department of Homeland Security to check immigration records. Local agencies cannot stop this. That is why staying silent about your status and getting a lawyer early matters so much. See Not a citizen and arrested in California.

What about immigration agents?

California's rules on police do not bind federal immigration agents. Here is what we confirmed:

• They can ask anyone questions, as long as they do not stop you from walking away. You can ask, "Am I free to go?"
• To detain you briefly, federal rules say an agent needs a reasonable suspicion, based on specific facts, that you are breaking the law or are in the country unlawfully.
• You have the right to stay silent. You do not have to say where you were born or how you came here.
• The law lets agents ask, but does not say you must answer. Federal law gives immigration officers the power to question anyone they believe is a noncitizen about their right to be here (8 U.S.C. 1357(a)(1)). That law does not say you must answer. Whether you must give your name in a specific stop is a question for a lawyer, so ask one before it happens.
• If the government gave you immigration papers, like a green card or work permit, and you are 18 or older, federal law requires you to carry them. A lawyer can tell you which papers count and when to show them.

Ask a lawyer ahead of time what to do if agents ask your name. See What papers should I carry?

What should I never do?

• Never give a false name. In California, falsely identifying yourself to a police officer during a lawful detention or arrest is a crime.
• Never say you are a U.S. citizen if you are not. That is a federal crime.
• Never show false papers. That can bring charges and give officers a reason to hold you.
• Never run or push. It can make things worse and is dangerous.

Silence is always safer than a lie.

Questions people ask

If I stay silent, can they arrest me just for that? Under San Jose police rules, refusing to identify yourself during a detention is not, on its own, illegal, and does not by itself give a reason to arrest. If police have probable cause that you broke a law, the rules change and you are required to identify yourself.

Should I carry ID at all? If you drive, carry your license. If you have immigration papers, ask a lawyer what you must carry. If you have no papers, a foreign passport or consular ID can show where you are from. Ask a legal provider whether to carry it. Many people carry a red card instead.

Do I have to give my address or birth date? On foot, during a detention, the police rules we read do not require it. Ask a lawyer what is safest for you. At a ticket, the officer may need what is on your ID. If arrested, ask for a lawyer before answering other questions.

What if the officer does not speak my language? You can still say "I am choosing to remain silent" or show a red card. See Your right to an interpreter and disability help when agents question you.

Can my teen refuse to give a name? This page does not cover rules for minors. Ask a lawyer, and teach your child to stay calm, stay silent and never lie.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Rapid response lines, open 24/7: for San Mateo County, (203) 666-4472; for Santa Clara County, (408) 290-1144. Call if someone is stopped or detained by immigration.
• Anywhere in California: state funded immigration legal help on the California Department of Social Services provider map, or call (916) 651-8017.
• Community Legal Services in East Palo Alto, for San Mateo and Santa Clara county residents: (650) 326-6440.
• Bay Area Legal Aid advice line, for Bay Area residents: 1-800-551-5554.
• More groups: Free legal help in the Bay Area.

Is there a card I can carry?

You have more power in a stop than it feels like. Calm words, your silence and the truth are enough. Practice them with your family this week.