If you’re stopped by police in Indiana and asked for ID, you might not be sure what you’re legally required to do. Are you obligated to answer? Can you be arrested if you don’t show ID? At Hayes Law Office, we represent people across Indianapolis who are dealing with situations just like this — and we want to make sure you know your rights.
Let’s walk through what Indiana’s Stop and Identify law actually says, when it applies, and what to do if things go wrong
What Indiana’s Stop and Identify Law Says
Indiana Code § 34-28-5-3.5 allows police to ask for your name, address, and date of birth — or your driver’s license — if they’ve lawfully stopped you for something like a traffic violation or local ordinance issue.
The key word here is lawfully. An officer can’t demand your ID just because they feel like it. There must be a valid legal reason for the stop, like a traffic infraction or a specific report that links you to a possible offense. Refusing to provide your identity during a lawful stop can lead to a Class C misdemeanor, which carries up to 60 days in jail and a $500 fine.
When Can Police Legally Stop You?
Officers need what’s called reasonable suspicion before they can stop you. This means they must believe — based on specific facts — that a law may have been broken. They can’t legally stop you just because you “look suspicious” or happen to be in the wrong place at the wrong time.
For example, a traffic violation like speeding or having a broken taillight gives them a reason to pull you over. So does matching the description from a recent call or walking through a restricted area after dark. These are all situations where a stop could be considered lawful.
What You’re Required to Say
If the stop is legal, you’re required to share three basic pieces of information: your name, your address, and your date of birth. You don’t have to carry physical ID unless you’re driving, but you do have to verbally identify yourself.
Beyond that, you’re not obligated to answer other questions — and often, it’s better if you don’t. You can simply say, “I’d like to speak to an attorney before answering any more questions."
We’ve handled many cases in Indianapolis where people were charged after saying too much. The less you say, the better.
What Happens If You Refuse
If you don’t provide your basic identifying information during a lawful stop, you could face criminal charges. While a Class C misdemeanor might sound minor, it still comes with real consequences: possible jail time, a fine, and a permanent mark on your record.
And if the situation escalates — say, if the officer believes you're resisting or being uncooperative — you could be facing even more serious charges. That’s why it’s critical to stay calm, give the required information, and assert your rights respectfully.
What You Can Say and Do
Just like police can ask for your ID, you can ask questions too. It’s completely appropriate to say things like, “Why am I being stopped?” or “Am I free to go?” You also have the right to decline further questioning and to request a lawyer.
If an officer tries to search you or your vehicle without a warrant or probable cause, you can say, “I do not consent to a search.” You don’t have to argue — just clearly state your position.
And if you feel your rights were violated, write down everything you remember as soon as possible and call a defense attorney.
Arrested After a Stop in Indiana? Here’s What To Do
If a stop leads to your arrest, the best thing you can do is stay silent and ask for a lawyer. Don’t explain your side, don’t argue, and don’t sign anything until you’ve talked to an attorney.
At Hayes Law Office, we’ve helped people across Indianapolis fight charges that stem from questionable stops and improper police conduct. We know how to challenge the legality of a stop, question the evidence, and protect your rights in court. Give us a call today for a free, no obligation consultation about your case.
