Illinois Is Not A Stop And Identify State
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
- What Is a Stop and Identify State?
- Your Constitutional Rights During a Police Stop
- When Can Police Require You to Identify Yourself in Illinois?
- What to Do When You Are Stopped by Police in Illinois
- What Happens if You Refuse to Identify Yourself?
- Can Police Order You Out of a Vehicle During a Traffic Stop?
Illinois doesn’t have a traditional stop-and-identify law like Nevada or Arizona. Police in Chicago or Springfield can’t demand you show ID when there’s no reasonable suspicion that you’re involved in a crime. But the reality can be a little more complicated.
What Is a Stop and Identify State?
About 24 states have statutes explicitly requiring people to identify themselves when police stop them with reasonable suspicion of criminal activity. Illinois doesn’t have such a statute.
In other words, you’re not required to carry a driver’s license or state ID unless you’re driving. Walking around Naperville or Rockford without an ID is perfectly legal in Illinois.
Your Constitutional Rights During a Police Stop
You have two main constitutional rights during an Illinois police stop:
- The Fourth Amendment protects you from unreasonable searches and seizures. Police need reasonable suspicion that you committed a crime before they can stop and detain you.
- The Fifth Amendment protects you from self-incrimination. You have the right to remain silent, and you don’t have to answer questions beyond giving your name when police have reasonable suspicion.
When Can Police Require You to Identify Yourself in Illinois?
Police need reasonable suspicion that you’re involved in criminal activity before requiring your name. You don’t have to show an ID card or answer questions about where you’re going.
Traffic stops work differently. Under 625 ILCS 5/6-112, drivers must produce a valid license. Passengers don’t have to show ID unless police have reasonable suspicion that the passenger committed a crime. And don’t give a false name to the police, or you’ve committed obstructing identification under 720 ILCS 5/31-4.5, which is a Class A misdemeanor that can result in up to one year in jail and $2,500 in fines.
What to Do When You Are Stopped by Police in Illinois
Always stay calm when you’re stopped by police, and keep your hands visible. During traffic stops, provide your license, registration, and insurance when asked. You don’t have to answer questions beyond giving your name, and you don’t have to explain where you’re going or what you’re doing.
Say “I want to remain silent” and “I want a lawyer” if police keep asking questions. Once the police are done with you, ask if you’re free to leave. If yes, leave. If no, ask why you’re being detained.
What Happens if You Refuse to Identify Yourself?
If you refuse to identify yourself when police have reasonable suspicion, you’re obstructing their investigation and can be arrested. If you refuse when they lack reasonable suspicion, nothing happens legally. Police in Illinois can’t force you to identify yourself without reasonable suspicion of criminal activity.
Can Police Order You Out of a Vehicle During a Traffic Stop?
Yes, police can order drivers and passengers out of a vehicle during any lawful traffic stop.
Refusing to leave your vehicle can result in a charge of resisting or obstructing a peace officer. Once you’re out, the same ID rules apply. Police can pat you down for weapons if they reasonably suspect you’re armed.
Asserting your rights aggressively during traffic stops can unnecessarily escalate situations. Sometimes the smarter move is cooperating and challenging it later with a lawyer.
