Alabama's Stop and Identify Law

Your client is Lester Cool. Cool lives in Alabama. He owns a home. His neighbor across the street from Cool was away on vacation. Whenever these neighbors are away on summer vacation, Cool has watered the neighbor's outdoor plants in the front yard. These neighbors were always grateful that Cool was such a thoughtful neighbor. One day, at about 6:00 pm, when Cool was watering this neighbor's plants, a police car pull up in front of the neighbor's house. A different neighbor had called the police and reported suspicious activity. The police officer approached Cool and asked â€œWhat you doing here, man?â€ Holding the water hose, Cool answered, â€œWatering flowers.â€ Cool stated his name and noted that he is a religious leader at the local congregation and lives across the street. The police officer asked him to provide identification. Cool declined to do so and stated that he had done nothing wrong. The police officer arrested Cool in front of his neighborâ€™s house and charged him with â€œobstructing government operations.â€ Cool was placed in handcuffs and put in the back of a police car. The neighbor who called the police came out of her home and told the officer that she made a mistake, that she knows Cool, and that he was just watering his neighbor's plants. The officer ignored the neighbor. Your attorney could not reach the prosecuting attorney on the phone. Your attorney wants to Fed Ex a letter demanding Cool's release. Review Alabama's Stop and Identify Law: Alabama Code Section 15-5-30: Authority of peace officer to stop and question. Review the APUS Legal Studies Writing Guide. In this formal letter, explain what happened (Do not copy the assignment. Instead rephrase the facts in your own words) and argue for your client's release in light of the law. Your attorney also noted to your that Cool is a person of color and is concerned that this fact may have played a role in the arrest of Cool. Research and discuss the statute, and case law to support your points. You have discussed with your client filing a lawsuit because the police wrongfully detained and arrested your client. This letter should not exceed 2 pages. Create any content necessary to compose a professional letter, but you cannot change the facts (who did what to whom).

Sample Solution

Re: Immediate Release of Lester Cool

Dear Mr./Ms. [Prosecuting Attorney's Name],

I am writing to you today to demand the immediate release of my client, Lester Cool, who was wrongfully arrested and charged with "obstructing government operations" on [Date] at approximately 6:00 PM in the vicinity of [Address].

On the aforementioned date, Mr. Cool was simply watering the plants of his neighbor, who was away on vacation, as he had done on previous occasions. This act of kindness, which he had performed out of neighborly courtesy, led to his unjust arrest.

Full Answer Section

While engaged in this harmless activity, a police car pulled up in front of the neighbor's house, prompted by a call from a concerned resident who mistakenly perceived Mr. Cool's actions as suspicious. Upon approaching Mr. Cool, the police officer inquired about his presence, to which Mr. Cool truthfully replied that he was watering his neighbor's plants.

The officer, despite Mr. Cool's clear explanation and identification as a local religious leader, demanded that he provide identification. Mr. Cool, aware of his constitutional rights and believing that he had committed no wrongdoing, respectfully declined to produce identification.

This refusal to comply with the officer's demand, which exceeded the scope of his authority under Alabama Code Section 15-5-30, resulted in Mr. Cool's arrest for "obstructing government operations." This charge is not only unfounded but also deeply troubling, given the circumstances surrounding the incident.

Alabama Code Section 15-5-30 clearly states that a peace officer may stop and question any person abroad in a public place whom he reasonably suspects is committing, has committed, or is about to commit a felony or other public offense. In this instance, there was no probable cause to believe that Mr. Cool was engaged in any criminal activity. His actions were entirely lawful and in no way constituted an obstruction of government operations.

Moreover, it is concerning that Mr. Cool, a person of color, was subjected to such unnecessary scrutiny and arrest under questionable circumstances. It is imperative to examine whether racial bias played a role in the officer's actions.

In light of the aforementioned facts and the clear violation of Mr. Cool's constitutional rights, I demand his immediate release from custody. I urge you to review the evidence and drop all charges against him.

Furthermore, I have discussed with Mr. Cool the possibility of pursuing legal action against the arresting officer and the concerned resident who made the unfounded call to the police. We will not hesitate to take all necessary steps to seek justice for Mr. Cool.

I trust that you will give this matter your immediate attention and act accordingly to ensure Mr. Cool's prompt release and the dismissal of all charges against him.

Sincerely, [Your Attorney's Name]

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