In Nebraska a refusal to give a name is not a crime and not obstruction. But when you already have grounds for an arrest, it changes how the encounter ends: a person who won’t identify can go to jail instead of getting a ticket.
Nebraska Stop and Identify (§ 29-829)
Yes, but with no penalty. Neb. Rev. Stat. § 29-829 lets an officer demand a name, address and explanation on reasonable suspicion, and a mere verbal refusal is not obstruction under § 28-906 (State v. Yeutter, 1997, reaffirmed in State v. Ferrin, 2020). With grounds to arrest, a failure to identify satisfactorily allows custody instead of a citation (§ 29-427). A false identity can be false reporting, § 28-907(1)(a), or felony criminal impersonation, § 28-638(1)(c).
What § 29-829 says
- “A peace officer may stop any person in a public place whom he reasonably suspects of committing, who has committed, or who is about to commit a crime and may demand of him his name, address and an explanation of his actions.” It dates to 1965 and sets no penalty for refusing.
Yeutter and Ferrin — what obstruction takes
- § 28-906: obstructing a peace officer “by using or threatening to use violence, force, physical interference, or obstacle.” Class I misdemeanor.
- State v. Yeutter, 252 Neb. 857 (1997): “the mere verbal refusal to provide information to an officer does not constitute an obstacle to the enforcement of the penal laws as contemplated by § 28-906.” Yeutter’s arrest for refusing his name and date of birth on a dog-at-large citation “was an illegal arrest.”
- State v. Ferrin, 305 Neb. 762 (2020), unanimous, kept that sentence and corrected the rest: Yeutter “was imprecise when it went on to state that ‘some sort of physical act’ is always required.” The test is “whether a defendant’s conduct, however expressed, used or threatened to use either violence, force, physical interference, or obstacle.”
- And Ferrin’s limit: “evidence that a defendant repeatedly refused to comply with police orders to exit a vehicle during a traffic stop is sufficient.” Silence about a name isn’t obstruction. Defying lawful commands can be.
The real consequence — custody instead of a citation
- § 29-422 makes citation in lieu of arrest the state’s policy for infractions, misdemeanors and ordinance violations. § 29-427 is the exception: an officer “having grounds for making an arrest may take the accused into custody or, already having done so, detain him further when the accused fails to identify himself satisfactorily, or refuses to sign the citation.”
- State v. Ranson, 245 Neb. 71 (1994): the officer watched Ranson litter; Ranson said he had no ID and walked away. “[A]rrest was appropriate, since defendant failed to identify himself and since no citation can be issued without the name and address of the person to be cited.” The search incident to arrest stood. The refusal didn’t create the grounds; it decided custody.
False names — § 28-907 and § 28-638
- § 28-907(1)(a), false reporting: furnishing material information known to be false to a peace officer with intent to impede the investigation of an actual criminal matter. Class I misdemeanor.
- State v. Nissen, 224 Neb. 60 (1986): that “includes the impeding of the gathering of information as to the identity of a defendant named in an arrest warrant.” And: persons questioned may have a right to refuse, “but if they choose to answer, they may not give false information.”
- § 28-638(1)(c), criminal impersonation: knowingly providing “false personal identifying information or a false personal identification document” to a law enforcement officer. Class IV felony for a first offense, Class III for a second, Class II after that. For another real person’s name or numbers, this is the charge. Whether a purely invented name fits (1)(c) is something we haven’t confirmed in the case law — for that, § 28-907(1)(a) is the route Nissen supports.
Drivers — § 60-489
- The licensee must carry the license while driving and present it on demand, and the officer must “first display proper evidence of his or her lawful authority.” Outside city and village limits, only the State Patrol, sheriffs and deputies may demand it, except as § 29-215 provides. Class III misdemeanor (§ 60-4,111). No statute requires a passenger to identify.
The federal floor underneath it
- Brown v. Texas, 443 U.S. 47 (1979) — with no reasonable suspicion for the stop, a person cannot be punished for refusing to identify. If the stop fails, the identification charge fails with it.
- Hiibel v. Sixth Judicial District Court, 542 U.S. 177 (2004) — a state may require a name during a lawful Terry stop, but the duty has to come from state law, not the Fourth Amendment. Stating the name satisfies it — Hiibel does not reach documents — and the request must be reasonably related to the reason for the stop.
How it plays out on the street
You watch a person spray-paint a dumpster behind a store. That’s a citable misdemeanor you saw. No name. The refusal isn’t obstruction — but you can’t write a citation without a name, and § 29-427 lets you take the person into custody (Ranson). With only reasonable suspicion, the same refusal gets you no arrest. A driver who ignores order after order to step out is Ferrin, not Yeutter. A false name to steer you off a warrant is § 28-907(1)(a).
Frequently asked questions
Does Nebraska have a stop and identify law?
Yes, but it carries no penalty. Neb. Rev. Stat. § 29-829 lets an officer who reasonably suspects a crime demand a person’s name, address and an explanation, and the Nebraska Supreme Court has said a mere verbal refusal to provide information is not obstruction under § 28-906. With grounds to arrest, a failure to identify allows custody instead of a citation (§ 29-427).
Is refusing to identify obstruction in Nebraska?
No. In State v. Ferrin (2020) the Nebraska Supreme Court reaffirmed that a mere verbal refusal to provide information is not an obstacle under § 28-906. Ferrin also held that repeatedly refusing lawful orders to exit a vehicle during a traffic stop can be obstruction.
Is giving a false name to police a crime in Nebraska?
Yes. Furnishing material false information to impede an investigation is false reporting under § 28-907(1)(a), a Class I misdemeanor, and State v. Nissen (1986) applied it to false information about the identity of a person named in an arrest warrant. Knowingly giving false personal identifying information to an officer is criminal impersonation under § 28-638(1)(c), a Class IV felony.
Related
- Hiibel v. Nevada (2004): Can You Arrest Someone for Refusing to Give Their Name?
- Wisconsin Stop and Identify: Refusing Isn't Obstructing
- Kansas Stop and Identify (K.S.A. 22-2402): The Broadest Demand, With No Penalty Attached
- North Dakota Stop and Identify (§ 29-29-21): The Demand Covers Only Four Kinds of Crime
- Nebraska police field reference — statutes, case law and field guides
Carry the rule, not the guesswork. StreetSense breaks down Nebraska law like this — the statute, the limit, and the charge that actually sticks — verified against the code and available fully offline on shift. Start the free trial.
StreetSense is an educational reference for law enforcement, not legal advice. State law changes, and your department policy may be stricter than the statute. Always follow your state’s current rule and your agency’s policy.
Spot an error? Email nick@mnsindustriesllc.com with the post and your source. Corrections to the app go out over the air. How we verify.