Minnesota has no stop-and-identify law, but a false name is a crime

The operative section is Minn. Stat. section 609.506, and its elements are worth reading closely because they do not include silence. Subdivision 1 requires that the person act "with intent to obstruct justice" and then supply one of three specific things: a fictitious name other than a nickname, a false date of birth, or a false or fraudulently altered identification card. The recipient must be a peace officer as defined in section 626.84, subdivision 1, paragraph (c), and the officer must be making "inquiries incident to a lawful investigatory stop or lawful arrest, or inquiries incident to executing any other duty imposed by law." Nothing in the section obliges a person to answer, and the statute expressly carves out a nickname.

Subdivision 2 raises the offence to a gross misdemeanor when the false identity belongs to a real person: giving "the name and date of birth of another person" to an officer in those same circumstances. Subdivision 3 extends both tiers into the courtroom. A fictitious name or false date of birth given to a court official in a criminal proceeding is a misdemeanor, and another person's name and date of birth is a gross misdemeanor. The section defines "court official" broadly, to include a judge, referee, court administrator, or any employee of the court.

The penalties come from the general grading sections. Under section 609.02, subdivision 3, a Minnesota misdemeanor carries up to 90 days and a fine of up to $1,000. Section 609.03, clause (2) sets the gross misdemeanor ceiling at 364 days and $3,000, the 364-day figure being the deliberate Minnesota drafting choice that keeps a gross misdemeanor conviction below the one-year mark.

Behind the wheel the answer changes, because the licence itself is the identification. Minn. Stat. section 171.08 requires every licensee to have the licence in immediate possession while operating a motor vehicle and to display it on demand of a peace officer. The same section adds a clause that surprises most Minnesota drivers: "The licensee shall also, upon request of any officer, write the licensee's name in the presence of the officer to determine the identity of the licensee." An officer may lawfully ask for a handwriting sample at the roadside. Section 171.08 also supplies a defence, though: unless the driver holds a limited licence under section 171.30, no one may be convicted of the possession requirement if they later produce a valid licence for that class of vehicle in court or at the arresting officer's office. Separately, section 169.791, subdivision 2 requires every driver to produce proof of insurance on demand, a misdemeanor if they cannot, rising to a gross misdemeanor for a violation within ten years of the first of two prior convictions.

Permit-to-carry holders have the most detailed duty in Minnesota law. Section 624.714, subdivision 1b requires the permit card plus a driver's licence, state identification card or other government-issued photo identification in immediate possession at all times when carrying a pistol, and display of both on lawful demand. The penalty is only a petty misdemeanor and the fine for a first offence "must not exceed $25," the firearm is expressly not subject to forfeiture, and the citation must be dismissed if the holder later demonstrates in court or at the arresting officer's office that they were authorised to carry. Paragraph (c) lets an officer require a sample signature, and paragraph (d) requires the holder, on request, to disclose whether they are currently carrying.

A collision triggers a fourth, wider duty. Section 169.09, subdivision 3, paragraph (a) requires a driver involved in a crash causing injury, death or damage to another attended vehicle to give their name, date of birth, mailing or email address and registration plate number, and to exhibit the licence to any peace officer at the scene on request if it is available. Paragraph (b) gives 72 hours to supply the liability insurer's name and address and the local agent if that was not done at the scene.

One last point cuts the other way. Minn. Stat. section 169.92, subdivision 1 states flatly that "A person is not required to sign a written promise to appear" on a Minnesota traffic citation, and section 169.91, subdivision 1 lists the situations, including a demand for an immediate appearance and a charge of driving under the influence, in which a traffic arrestee must instead be taken before a judge.

02, subdivision 3. 03, clause (2), and the same escalation applies in court under subdivision 3. 30. 714, subdivision 1b, paragraph (b) requires dismissal on proof of authority to carry. Where identification was demanded during a stop that turns out to have been unlawful, the remedy is a motion under Minn. 21, which lets a person aggrieved by an unlawful search and seizure move the district court for return of the property and to suppress the use as evidence of anything obtained.