Pennsylvania’s false identification statute loses more cases on one element than on all the others combined. The Supreme Court and the Superior Court en banc have both said it: the uniform and the lights don’t satisfy it. Your words do.
Pennsylvania False Identification (§ 4914)
Pennsylvania has no general duty to identify at a stop. Giving false identity is a crime under 18 Pa.C.S. § 4914 — a third-degree misdemeanor — only after the officer tells the person they are the subject of an official investigation of a violation of law. The one statutory ID duty for pedestrians is narrow and sits in the Vehicle Code.
What § 4914 requires
- A person commits the offense “if he furnishes law enforcement authorities with false information about his identity after being informed by a law enforcement officer who is in uniform or who has identified himself as a law enforcement officer that the person is the subject of an official investigation of a violation of law.”
- In re D.S., 39 A.3d 968 (Pa. 2012), breaks it into three conditions: the officer, if not in uniform, identifies himself; the officer informs the person they are the subject of an official investigation; and the false information comes after that. The Court rejected the argument that a person can be informed “by surrounding circumstances.”
- Commonwealth v. Kitchen, 181 A.3d 337 (Pa. Super. 2018) (en banc): a uniformed officer’s traffic stop is itself only a surrounding circumstance. The person “was told by police that he or she was under investigation, and that must occur prior to” the false identity.
- Misdemeanor of the third degree.
Refusing isn't obstruction or resisting
- § 5101 (obstructing) requires force, violence, physical interference or another unlawful act, and expressly excludes “any other means of avoiding compliance with law without affirmative interference with governmental functions.”
- § 5104 (resisting) requires a substantial risk of bodily injury or means requiring substantial force to overcome. A verbal refusal can’t meet it.
- Commonwealth v. Au, 42 A.3d 1002 (Pa. 2012): asking for ID does not by itself turn a mere encounter into a detention — on Fourth Amendment grounds only, with the state constitutional question left open. The Court added: “a request obviously differs from a demand.”
The Vehicle Code exceptions
- 75 Pa.C.S. § 6308(a): a driver, or a pedestrian, reasonably believed to have violated the Vehicle Code must stop on request and exhibit a license, registration and insurance — or other means of identification if a pedestrian — and write their name if required. It applies only to Title 75 violations. Summary offense, $25 (§ 6502).
- 75 Pa.C.S. § 1511: a driver must carry and exhibit the license on demand and write their name if asked. Summary offense, $25 — and no conviction if a license valid at the time is produced within 15 days.
The federal floor underneath it
- Brown v. Texas, 443 U.S. 47 (1979) — with no reasonable suspicion for the stop, a person cannot be punished for refusing to identify. If the stop fails, the identification charge fails with it.
- Hiibel v. Sixth Judicial District Court, 542 U.S. 177 (2004) — a state may require a name during a lawful Terry stop, but the duty has to come from state law, not the Fourth Amendment. Stating the name satisfies it — Hiibel does not reach documents — and the request must be reasonably related to the reason for the stop.
How it plays out on the street
Traffic stop. The driver has no license on him and gives you a name and date of birth that return nothing. Before you do anything else, say the sentence: “You are the subject of an official investigation for a violation of the law.” Then ask again. If he repeats the false name after that, on camera, you have § 4914. If he gave the false name only before you said it, you don’t — the lights, the uniform and the stop itself are not enough, and Kitchen was decided en banc.
Frequently asked questions
Does Pennsylvania have a stop and identify law?
Not a general one. Pennsylvania does not require a person to identify themselves at a Terry stop. The Vehicle Code, 75 Pa.C.S. § 6308, requires drivers and pedestrians reasonably believed to have violated the Vehicle Code to produce identification, and that is a summary offense.
What is false identification to law enforcement in Pennsylvania?
Under 18 Pa.C.S. § 4914, it is a third-degree misdemeanor to give false identity information after an officer who is in uniform, or who has identified themselves, informs the person that they are the subject of an official investigation of a violation of law. Pennsylvania courts require the officer to actually say it; circumstances are not enough.
Is refusing to give your name obstruction in Pennsylvania?
Refusing, without more, does not meet the elements. Obstructing under § 5101 requires force, physical interference or another unlawful act and excludes avoiding compliance without affirmative interference, and resisting under § 5104 requires a substantial risk of bodily injury or substantial force.
Related
- Hiibel v. Nevada (2004): Can You Arrest Someone for Refusing to Give Their Name?
- Does New Jersey Have a Stop and Identify Law? What You Can Actually Demand
- New York Stop and Identify (CPL 140.50): You Can Demand It. Refusal Isn't a Crime.
- Ohio Stop and Identify (R.C. 2921.29): Ask for the Name, Not the Card
- Pennsylvania police field reference — statutes, case law and field guides
Carry the rule, not the guesswork. StreetSense breaks down Pennsylvania law like this — the statute, the limit, and the charge that actually sticks — verified against the code and available fully offline on shift. Start the free trial.
StreetSense is an educational reference for law enforcement, not legal advice. State law changes, and your department policy may be stricter than the statute. Always follow your state’s current rule and your agency’s policy.
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