When You Must Identify
N.D.C.C. § 29-29-21 — an officer who reasonably suspects certain offenses may demand a name, address and an explanation
A peace officer may stop a person in a public place whom the officer reasonably suspects is committing, has committed or is about to commit one of these, and may demand the person's name, address and an explanation of the person's actions:
- Any felony.
- A misdemeanor involving a concealed or dangerous weapon.
- Burglary or unlawful entry.
- Possession of marijuana or of narcotic, hallucinogenic, depressant or stimulant drugs.
An officer who reasonably suspects danger to life or limb may search the person for a dangerous weapon, keep what is found until the questioning ends, and then return it if it is lawfully possessed.
The statute names what the officer may demand and lists no separate penalty for not answering. Using force against an arrest is another matter, covered on the resisting page. A particular stop is a question for a licensed North Dakota attorney.
Sources for this section (2)
- N.D.C.C. § 29-29-21 — Temporary questioning of persons in public places - Search for weapons
- N.D.C.C. § 12.1-08-02 — Preventing arrest or discharge of other duties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.