Can You Be Charged With A Crime In Maryland For Refusing To Identify Yourself To Police?

Getting into trouble with a police officer is never fun, especially when they start grilling you with questions. One of those questions could be, “What’s your name?” This raises an interesting legal question: Do you have to answer?

Maryland has no general law that requires a person asked by a police officer to reveal their identity. Different rules apply depending on the situation. The laws may vary for drivers, arrested persons, and people under police investigation.

Do you have to identify yourself after a consensual police encounter? 

Typically, a police officer can question a person in a public space about their identity. However, not all interactions between a police officer and an individual amount to detention or arrest.

When the contact between the police officer and the suspect is consensual, the request for identification by the police officer does not necessarily mean that a citizen must produce one. The distinction between consensual contact and a detention can thus be crucial.

Maryland law imposes duties on police officers who conduct a stop or detention. When initiating a stop or traffic stop, except in an emergency, a police officer must identify themselves and provide certain information.

Drivers have different obligations 

There are special exceptions for drivers. Maryland Transportation Code Ann. § 16-112 provides that any individual operating a vehicle on Maryland highways must have their driver’s license on their person at all times. They must present the license to a uniformed officer on demand. The driver can be required to sign something so the officer can confirm they are the license owner.

Moreover, the statute makes it unlawful for any driver to present another individual’s name or a fictitious name to a police officer to establish the driver’s identity.

Failing to produce satisfactory evidence of identity in certain traffic violations may lead to serious results. In Maryland, an officer may initiate a warrantless arrest for certain traffic violations if the driver cannot furnish satisfactory evidence of identity.

Giving false information to law enforcement is a crime 

A significant distinction exists between refusing to answer a question about identity and lying about it. According to the Maryland Criminal Law § 9-502, when a person is under arrest it is illegal for them to lie knowingly with the intent to mislead the law enforcement agency about one’s identity, address, or date of birth. This crime is a misdemeanor and is punishable by imprisonment for up to six months, a fine of up to $500, or both.

Therefore, you could face an additional criminal charge in addition to another case investigated by the police.

What about obstructing or hindering police? 

Obstruction or hindering a police officer is also a common-law crime in Maryland. Nonetheless, refusing or misrepresenting information does not necessarily create such an offense.

In Titus v. State, the Supreme Court of Maryland held that a conviction for obstruction requires actual obstruction or hindering of an officer in carrying out his duties.

Talk to a Bel Air, MD, Criminal Defense Lawyer Today 

Schlaich & Thompson, Chartered represents the interests of Maryland residents facing serious charges. Call our Bel Air criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.

Source:

law.justia.com/cases/maryland/court-of-appeals/2011/6-11.html