Submission + - Alabama State Sup. Ct: Police CAN Demand Physical ID If THEY Deem It Necessary (msn.com) 2
schwit1 writes: The ruling states that officers are allowed to demand physical identification if they feel an individual gives an unsatisfactory oral answer. AL.com reported how the decision ruled against a local pastor, who sued an Alabama town and its law enforcement office after a police encounter.
The incident occurred in 2022, in which police arrested Pastor Michael Jennings after he watered his neighbor's flowers. Another neighbor called the police on Jennings, citing that a "younger Black male" was on the property.
While officers pressed the church leader about his identity, he told them he was "Pastor Jennings" and lived across the street. The answer, however, did not please the officers.
After the man refused to give them his ID, law enforcement arrested him on charges of obstructing government operations, which were later dismissed. The woman who initially called 911 also confirmed Jennings as a neighbor.
Feeling wronged, Jennings sued the town of Childersburg and the officers for false arrest, leading to a long legal battle. Although a district judge dismissed his case in 2023, the U.S. Court of Appeals for the Eleventh Circuit reversed the decision the next year.
The case then proceeded to the Alabama Supreme Court, while several civil rights organizations, such as the American Civil Liberties Union and the Southern Poverty Law Center, filed briefs in support of Jennings. However, the court ruled 6-3 that officers may arrest someone who refuses to provide sufficient identification.
Justice Terry Sellers cited that getting correct identification is a "crucial part" of the stop-and-identify law, also known as a Terry stop. Sellers defended the officers' actions, stating that officers can request or demand physical identification if they deem a person's oral answer as unsatisfactory.
According to WVTM13, Sellers wrote that the law "does not exclude from its purview a request for physical identification when a suspect provides an incomplete or unsatisfactory response to an officer's demand to provide his or her name and address and an explanation of his or her action."
The judgment now sets a legal precedent that officers can not only request physical proof of one's identity but also arrest individuals if they fail to provide such evidence. Legal rights advocates condemned the decision, with Matthew Cavedon, director of the Cato Institute's Project on Criminal Justice, calling the ruling a "significant expansion of government power over people."
Now, an Alabamian under suspicion by a police officer must stay prepared to show proof of identity or face arrest.
Cavendon added, "The significance now for Alabamians is if an officer's not satisfied with whatever answer you give, I sure hope you've got your driver's license or passport on you."
https://www.youtube.com/watch?...
The incident occurred in 2022, in which police arrested Pastor Michael Jennings after he watered his neighbor's flowers. Another neighbor called the police on Jennings, citing that a "younger Black male" was on the property.
While officers pressed the church leader about his identity, he told them he was "Pastor Jennings" and lived across the street. The answer, however, did not please the officers.
After the man refused to give them his ID, law enforcement arrested him on charges of obstructing government operations, which were later dismissed. The woman who initially called 911 also confirmed Jennings as a neighbor.
Feeling wronged, Jennings sued the town of Childersburg and the officers for false arrest, leading to a long legal battle. Although a district judge dismissed his case in 2023, the U.S. Court of Appeals for the Eleventh Circuit reversed the decision the next year.
The case then proceeded to the Alabama Supreme Court, while several civil rights organizations, such as the American Civil Liberties Union and the Southern Poverty Law Center, filed briefs in support of Jennings. However, the court ruled 6-3 that officers may arrest someone who refuses to provide sufficient identification.
Justice Terry Sellers cited that getting correct identification is a "crucial part" of the stop-and-identify law, also known as a Terry stop. Sellers defended the officers' actions, stating that officers can request or demand physical identification if they deem a person's oral answer as unsatisfactory.
According to WVTM13, Sellers wrote that the law "does not exclude from its purview a request for physical identification when a suspect provides an incomplete or unsatisfactory response to an officer's demand to provide his or her name and address and an explanation of his or her action."
The judgment now sets a legal precedent that officers can not only request physical proof of one's identity but also arrest individuals if they fail to provide such evidence. Legal rights advocates condemned the decision, with Matthew Cavedon, director of the Cato Institute's Project on Criminal Justice, calling the ruling a "significant expansion of government power over people."
Now, an Alabamian under suspicion by a police officer must stay prepared to show proof of identity or face arrest.
Cavendon added, "The significance now for Alabamians is if an officer's not satisfied with whatever answer you give, I sure hope you've got your driver's license or passport on you."
https://www.youtube.com/watch?...
