Picture the Homeless

New York’s “stop and identify law”, NY Criminal Procedure Law §140.50, dictates when the police can ask you to identify yourself. New York’s law also talks about when they can frisk you.

Although the police may demand your name, address, and an explanation of your conduct in these circumstances:

1) this law does NOT mean that you have to produce an identification card, BUT they may arrest you for whatever offense they claim that you are committing and then fingerprint you to verify your identity if you do not; and


2) they are allowed to fingerprint you and identify you if they ARREST you – even if they arrest you for a violation (as long as they claim that they “reasonably suspect” your ID card is false or if you did not offer identification). However, they are not allowed to arrest you solely for not identifying yourself because not identifying yourself is not a crime in New York.