Colorado “Stop and Identify” Law – Know Your Rights

Colorado’s “stop and identify” laws require you to show the police your ID if the police

1. pull you over for a traffic violation, or
2. detain you on a reasonable belief of criminal activity.

But aside from those two instances, you are not required to identify yourself to the police or to answer their questions.

In this article, our Denver criminal defense attorneys will address the following key topics regarding Colorado’s Stop and Identify Law:

• 1. Showing Your ID
• 2. Fake Names
• 3. Interrogations
• 4. Detainments
• 5. Miranda Rights

1. Showing Your ID

There are two instances of police contact where Colorado law requires you to show law enforcement your identification (if they ask):

1. You allegedly commit a traffic violation, and the police conduct a traffic stop. Note that you also have to show the police your registration and proof of insurance in addition to your driver’s license (if they ask); or¹
2. The police detain you because they suspect you have – or are about to – break the law. Note that if you do not have your ID on you, you still have to tell the police your name and address (if they ask).

Otherwise, you can decline a law enforcement officer’s request to see your ID. If you are unsure if you are being detained, you can ask if you are free to leave. If they answer no, you must show your ID if asked, as you are being detained.²

Note that if you are a passenger in a car during a traffic stop, you do not have to show the police your ID. Only the driver does. But if the police suspect you of committing a crime, then you would have to show your ID.³

Drivers during Colorado traffic stops must show police their license, registration and insurance if asked.

2. Fake Names

Giving police false identifying information is a crime under Colorado state law. The district attorney typically prosecutes it as a class 2 misdemeanor, punishable by:

• Up to 120 days in jail, and/or
• Up to $750 in fines

But if the false information substantially hindered police in their criminal case investigation or in making an arrest, then defendants would be charged with a class 6 felony. A criminal conviction carries:

• 12 to 18 months in Colorado State Prison, and/or
• $1,000 to $100,000 in fines.⁴

Refusing to give your name at all is not in and of itself a crime. But it can be a contributing factor that leads police to arrest you for obstruction of a peace officer (CRS 18-8-104).⁵

3. Interrogations

Colorado law does not require you to provide the police with additional information other than your identification during a traffic stop or a detainment. But a lot of people, when confronted by police, get scared and start spouting a lot of things they should keep to themselves.

Remember that anything you say, the police will write down or record, and it can be used against you if the D.A. decides to file charges. Even if the police officer is being sympathetic and understanding, they are still looking for any reason to arrest you.

Therefore, people are advised to remain calm and respectful and to kindly decline to answer the police if they persist in asking you questions.

If the police stop results in you getting a pat-down or being arrested, continue to remain silent – it is your Fifth Amendment constitutional right against self-incrimination to not speak to law enforcement.⁶

4. Detainments

In Colorado, you can always ask the police if you are free to go. If they say yes, you are not being detained. If they say no, then you are. The police cannot detain you for any longer than required to decide whether there is probable cause to arrest you.⁷

Remember that during a detention, you are only obligated to give the police your name, address, and ID if they ask. If it is a traffic stop, you’ll need to provide your driver’s license, proof of registration, and insurance. Other than that, you do not have to – and are advised not to – answer any questions.⁸

Note that if the police are detaining you for allegedly committing a crime, the police are allowed to conduct a pat-down (called a “stop and frisk” or “Terry stop”) if they have a reasonable suspicion you are armed.⁹

People detained by police in Colorado must give them their name, address, and ID if asked.

5. Miranda Rights

It is a common misconception that police are required to read people their Miranda Rights as soon as they are being arrested for a criminal offense, usually while the handcuffs are being put on. But Colorado criminal law does not require law enforcement to tell arrestees that they have the right to remain silent and to have an attorney until the police begin to interrogate them – called “custodial interrogation.”¹⁰

So if you are arrested and get taken into a room for questioning, the police would need to read you your Miranda Rights before they start questioning you. However, if you are simply arrested, booked, and released on bail or your own recognizance without being questioned, the police are not required to Mirandize you.

For Additional Help…

Arrested? Contact our Colorado criminal defense lawyers to know your rights and to discuss how we may be able to get your criminal charges reduced through a plea bargain or dismissed.

We defend against all types of criminal charges including Colorado DUI, domestic violence, sexual assault, tampering, motor vehicle theft, license revocations, and more. 

Our law firm practices in Denver, Colorado Springs, Loveland, Arapahoe and throughout the state.

See our related article, Colorado “stop and identify” law – What are my rights?

Legal References