A man believed to be from New York was arrested when he refused to identify himself at a traffic stop in Lewisburg, Pennsylvania. The man allegedly ran a red light and refused to provide his identification when stopped by local officers. Although more officers arrived on the scene, the man insisted it was against his faith to provide his ID and began citing federal statutes. The unnamed man was taken into custody, where he faces charges of misdemeanor obstruction, failure to carry a license, and resisting a police officer. 

If you are facing charges for failing to provide an ID or other paperwork to law enforcement officers, contact the LLF Law Firm Criminal Defense Team for help by calling 888-535-3686 or using our online contact form.  

Identification Laws 

Several states, including Pennsylvania, have “stop-and-identify” laws, which apply when citizens are asked to provide their identification to officers. Under Title 34, §904(b) of the state's consolidated statutes, individuals who refuse to provide identification to officers while officers are carrying out an investigation or an investigative detention can be charged with a summary offense in the fifth degree. However, it's crucial to understand that the identification laws only apply if the officers are carrying out an investigation or an investigative detention. If you are unsure whether this is happening, ask the officer, “Am I free to go?” If the answer is yes, you are not being detained, and you do not need to provide your ID. If the answer is no, you are being detained, and you must provide your ID, insurance, and registration if you are pulled over while driving.  

Miranda Rights  

If you have seen any cop show, you have heard of a series of famous rights that officers read an accused right as they are being whisked away in custody. These rights, referred to as “Miranda Rights,” originate from a 1966 U.S. Supreme Court Case, Miranda v. Arizona. In this case, the Supreme Court held that law enforcement failed to provide information on a suspect's Fifth Amendment rights against self-incrimination, resulting in a wrongfully obtained confession. This ruling led to the creation of the Miranda rights, which include: 

• Right to Remain Silent: The right not to speak to avoid self-incrimination. 
• Anything Said Can Be Used Against You in Court: The right to be informed that anything you say could be used against you in court.  
• Right to an Attorney: The right to receive legal advice during questioning and to have a lawyer present during interrogation. 
• Right to a Court-Appointed Attorney:  The right to be informed that if you cannot afford an attorney, the court will provide one for them at no cost. 

Do Miranda Rights Affect Identification Laws? 

If you are being detained, you must provide your ID card to officers, but you do not need to answer their questions. You can hand them your ID, registration, and insurance paperwork without saying anything more. Do not leave the scene, or you could face severe criminal consequences. Even if you are driving while your license is suspended, you should not flee. While many officers are adequately trained to issue Miranda Rights, many are not. Illegally obtained statements and evidence may not be admissible in court, meaning that the government cannot use any of it against you in a court of law.  

Criminal Defense Attorneys 

If you are facing criminal charges related to a traffic stop, resisting arrest, or failure to provide identification, contact our  LLF Law Firm Criminal Defense Team today. Every criminal charge is unique, and there may be many available defenses that can mitigate the severity of your charges. Call us at 888-535-3686 or use our online contact form.