When You Must Identify
NRS 171.123 — a name during a lawful detention, nothing more, for no longer than 60 minutes
An officer may detain a person when the circumstances reasonably indicate the person has committed, is committing or is about to commit a crime or civil infraction, or is violating parole or probation, but only to learn the person's identity and the suspicious circumstances.
Identity, and only identity. A person so detained has to identify themselves, but may not be compelled to answer any other question.
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 detention lasts no longer than reasonably necessary and never more than 60 minutes, and stays at or near where it began unless the person is arrested.
Sources for this section (3)
- NRS 171.123 — Temporary detention by peace officer of person suspected of crime or civil infraction
- 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 Nevada attorney.