When You Must Identify
Neb. Rev. Stat. § 29-829 — on reasonable suspicion, a name, an address and an explanation
Reasonable suspicion first. A peace officer may stop a person in a public place whom the officer reasonably suspects of committing, having committed or being about to commit a crime, and may demand the person's name, address and an explanation of their actions.
If the officer reasonably suspects being in danger of life or limb, the officer may search the person for a dangerous weapon, keep a weapon or anything unlawful found until questioning ends, and then return it if lawfully possessed or make an arrest.
The Supreme Court of the United States has held that an officer who can point to specific facts suggesting criminal activity may stop a person briefly to investigate, and may pat down their outer clothing for weapons where the officer reasonably believes the person is armed and dangerous. It has also held that a state law requiring a person lawfully detained on reasonable suspicion to state their name does not violate the Fourth Amendment. Whether any such duty exists is a question of the state's own statute, which is what this page sets out. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
The section sets no separate penalty for declining to answer. Whether a particular stop was lawful is a question for a licensed Nebraska attorney.
Sources for this section (3)
- Neb. Rev. Stat. § 29-829 — Stop and search of person for dangerous weapon; when authorized; peace officer, defined
- Terry v. Ohio, 392 U.S. 1 (1968) — Investigative stops require reasonable suspicion
- Hiibel v. Sixth Judicial District, 542 U.S. 177 (2004) — A stop and identify law may be enforced only once reasonable suspicion exists
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.