New Hampshire RSA 594:2: The Stop-and-Identify Statute That Forbids the Arrest

If you learned RSA 594:2 before 2019, you learned a different statute. The legislature amended it, and the amendment is the whole story.

New Hampshire RSA 594

An officer may stop and may request a name and address — and “shall not arrest the person based solely on the person’s refusal to provide such information.” That bar on arrest is in the statutory text itself, added by the 2019 amendment effective September 8, 2019. New Hampshire is not a state where refusal supports a custody decision.

The current text, in full

“A peace officer may stop any person whom the officer has reason to suspect is committing, has committed, or is about to commit a crime. An officer may request the person’s name and address, but the officer shall not arrest the person based solely on the person’s refusal to provide such information.”
Say it the statute’s way. It does not announce a general right to stay silent; it bars the arrest when refusal is the sole basis. That is narrower than “you don’t have to answer,” and it is the sentence that will be read back to you.
The stop standard is “reason to suspect.” The detention itself still has to be good under Terry v. Ohio, 392 U.S. 1 (1968).

What the amendment does not take away

You can still ask. The request needs no separate justification during a lawful stop.
You can still hold for the reasonable duration of the investigation the stop is based on. The statute limits the arrest decision, not the stop.
You can still develop probable cause on the underlying offense by every other means. Refusal simply cannot be the brick that completes the wall.
Drivers are a separate question. Motor-vehicle duties to produce a license, registration and proof of insurance live in the RSA motor-vehicle title and are unaffected by 594:2, which is about persons stopped on suspicion of crime.

The honest gap: a false name has no clean hook

Most states answer refusal with “silence is fine, a false name is chargeable.” In New Hampshire we could not verify that second half, and we are not going to invent it.
RSA 642:1 (obstructing government administration) reaches intimidation, force or violence, simulated legal process, or “any other unlawful conduct.” A false name is not enumerated, and the residual clause on its face needs conduct that is independently unlawful.
RSA 641:4 (false reports) reaches falsely accusing another person or reporting an offense or danger that did not occur — not misstating your own name. RSA 641:3 (unsworn falsification) requires a written or electronic statement, so an oral false name sits outside it.
What to do with that: if your prosecutor has a theory for charging an oral false name in New Hampshire, have that conversation before you charge it, not in a suppression hearing. And note RSA 641:4 was amended effective July 7, 2026 — read the current text before relying on it.

How it plays out on the street

Suspicious-person call, you have reason to suspect a crime, and the man declines to give his name. In New Hampshire that is the end of that thread — the statute tells you not to arrest him for it. Work the underlying offense: witnesses, video, the reason you were called. If you develop probable cause for the crime, arrest for the crime. If you do not, the refusal does not get you there, and an arrest built on it is an arrest the statute expressly forbids.

Frequently asked questions

Do you have to give your name to police in New Hampshire?

RSA 594:2 allows an officer to request your name and address during a lawful stop, but the statute states that the officer shall not arrest a person based solely on refusal to provide that information. The provision was added by a 2019 amendment effective September 8, 2019.

Can New Hampshire police arrest you for refusing to identify yourself?

Not on that basis alone. RSA 594:2 expressly bars an arrest based solely on the refusal. An arrest still may be made if probable cause exists for an underlying offense established some other way.

Is giving a false name to police a crime in New Hampshire?

There is no New Hampshire statute that clearly criminalizes giving an oral false name at a stop. RSA 642:1 does not enumerate it, RSA 641:4 covers false reports of offenses or accusations against others, and RSA 641:3 requires a written or electronic statement. Consult your prosecutor before charging on that theory.

Carry the rule, not the guesswork. StreetSense breaks down New Hampshire 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.

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