Criminal Defense
Since 1993
Since 1993
Is It Illegal to Lie to the Police? (The Answer May Surprise You)
By: John Guidry
The list of illegal activities continues to grow. It seems our government has nothing better to do than create more laws, so we can pay more taxes, to hire more police officers, to make more arrests. More, more, more. Pretty soon, aren’t we going to run out of other people’s money to pay for all this stuff?
Because everything seems illegal these days, it is always good to hear of an instance when something is not against the law.
We are going to discuss one such situation: Lying to the police regarding your identity. Most people assume that we must tell the truth to cops when questioned about our name. But legally, that isn’t always true.
Charged with Providing False Information to Law Enforcement?
If the police stopped you illegally, your “lie” might not be a crime. Call John today at (407) 423-1117.
The Case: D.K.D. v. State
In D.K.D. v. State, a juvenile defendant was stopped by police at 2:30 a.m.
- The Behavior: He ran across a parking lot “as though someone were chasing him” and peeked around the corner of a fireworks trailer.
- The Stop: Officers approached him, suspecting he might be a runaway.
- The Lie: When asked for his name and address, D.K.D. gave a fake name and fake address.
- The Arrest: While driving him to the fake address, he confessed he lied. He was arrested for violating Florida Statute 901.36.
The Devil is in the Details (The Statute)
The law making it a crime to give false identification is found in Florida Statute 901.36. It states:
“It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name…”
Did you catch the loophole? The statute only applies if you are:
- Arrested.
- Lawfully Detained.
If you are not arrested and not lawfully detained, the statute does not apply to you.
Why the Conviction Was Overturned
In D.K.D.’s case, he wasn’t under arrest when he lied. So the question became: Was he “lawfully detained”?
The court looked at the facts:
- There were no 911 calls.
- There were no “BOLOs” (Be On The Lookout) matching his description.
- Running through a parking lot at 2:30 a.m. is weird, but it isn’t a crime.
Consensual Encounter vs. Detention Because the officers had only a “mere suspicion” or a hunch, they did not have the legal right to detain him. Legally, this was just a “consensual encounter”—meaning D.K.D. was technically free to leave (even if he didn’t know it).
Since there was no “lawful detention,” Section 901.36 did not apply. You cannot break a law that requires detention if you aren’t legally detained.
- The Result: The conviction was reversed.
John’s Takeaways
- Don’t Confuse This with Resisting: Warning: Failing to obey a lawful command can get you charged with Resisting an Officer Without Violence. But simply giving a fake name during a casual conversation with a cop? That is legally different.
- The “Hunch” Defense: Police often stop people based on a “hunch” or “vague concern.” If we can prove they lacked “Reasonable Suspicion” of a crime, then the stop was illegal, and any “false info” charge generally crumbles.
- I Don’t Recommend It: While D.K.D. proves it can be legal, lying to the police usually just extends the interaction and makes them suspicious. Silence is usually a better option than lying.
Was Your “False Info” Charge Based on an Illegal Stop?
If you were arrested for giving a false name, we need to analyze the stop. If the officer had no legal reason to detain you, you cannot be guilty of this crime.
Call me at (407) 423-1117. Let’s look at the police report.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.