Utah Criminal Attorney -
Giving Name to Police
Question: Can a police officer demand my name and an
explanation of my activities?
Answer: Utah
criminal law provides that there are circumstances under which a person
may be required to give the person's name to the officer. Failure to
disclose identity as required under Utah Code 76-8-301.5 is punishable
as a class B
misdemeanor. More serious charges can be filed if a person
gives a false name or makes a false report to a police officer.
This page is intended to provide general information regarding
the question of whether a person can be required to give their name to
police. But if you have been charged for a crime in Utah or if police
have
indicated that they want to question or interview, the assistance of an
experienced
criminal defense attorney can be critical. Based in Salt
Lake City, Stephen Howard provides legal services to clients throughout
Utah.
Contact us today to arrange for a confidential consultation.
Lawful Stop by Police in Utah
In order to trigger the requirements of Utah Code 76-8-301.5, a police
officer must first meet the requirements of Utah Code 77-7-15. This
section of the Utah criminal code provides that a police officer may
stop or detain a person in a public place if the officer has reasonable
suspicion to believe that the person has
committed a crime, or is currently in the act of or attempting to
committing a crime. This law then provides that the officer may then
"demand" the person's
name, address, and "an explanation of his actions."
Fifth Amendment Protections
Although Utah Code 77-7-15 states that a police officer may "demand . .
. an explanation of [the person's] actions," it is important
to remember that the Fifth Amendment provides a Constitutional
privilege against self-incrimination. While the statute allows the
officer to ask for an explanation of actions, the Constitution gives the
person detained the right to remain silent. Because the authority of
the Constitution trumps the statutory requirements, no criminal penalty can be
imposed simply because a person declines to give an explanation of his actions.
An important distinction must be made between the right to remain
silent and giving false information. The Fifth Amendment's privilege
against self-incrimination does not
give the person detained the right to give a false explanation to the
police. Thus, if the person chooses to provide an explanation of
actions that is false, the person may potentially face charges that
could include giving false information to a police officer, obstruction
of justice, or making a false police report.
Limits to a Police Officer's Demand for a Name under Utah Law
While the Constitution provides that you do not have to explain your
actions to a police officer, Utah law does still provide a misdemeanor
for a person who refuses to give his or her name to a police officer.
Still, there are limits on the circumstances under which a person is
required to provide a name.
Utah Code 76-8-301.5 recognizes a person cannot be required to provide
a name if disclosure of the name would "present a reasonable danger of
self-incrimination in the commission of a crime." Further, the statute
requires that the demand to provide a name must be reasonably related
to the circumstances which justified the stop in the first place. An
officer cannot randomly stop people on the street and demand to know
their names.
Penalties for Failing to Disclose a Name in Utah
Failing to disclose identity is punishable as a class B misdemeanor
under Utah law. The maximum punishment for a class B misdemeanor is 180
days in jail plus $1,900 in fines and surcharge.
Probation conditions
may also apply if the court suspends jail time.
Finding a Utah Criminal Defense Attorney in Salt Lake City

The
consequences of any criminal conviction can be serious. As an
experienced Utah
criminal lawyer
based in Salt Lake City, Mr. Howard has protected his clients' rights
in cases ranging from aggravated murder to DUI, and virtually
everything in between.
If you are facing prosecution for a crime in Utah, a good attorney can help give you the best chance of success.
Contact us today to schedule confidential consultation.
RELATED QUESTIONS:
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