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Alabama Supreme Court Hears Question on Whether Officers May Demand Physical ID During a Terry Stop
Summary
The Alabama Supreme Court heard argument on a certified question whether Ala. Code §15-5-30 allows officers during a valid Terry investigatory stop to demand physical identification (such as a driver's license) and whether refusal can support arrest for obstruction. Counsel for the appellant urged a limited reading; respondent counsel cited Heibel and urged a verification-based, reasonable-officer test.
MONTGOMERY, Ala. — The Supreme Court of Alabama heard oral argument on a certified question about the scope of Ala. Code §15-5-30 and whether a police officer who has made a valid Terry investigatory stop may demand a suspect's physical identification, such as a driver's license, and arrest the person for obstruction if they refuse.
Harry Daniels, representing appellant Michael Jerome Jennings, told the court that reading the statute to permit compelled production of physical identification would "fundamentally distort" Fourth Amendment protections and risk arbitrary enforcement. "Freedom cannot thrive under the capricious demand of the state," Daniels argued, saying the statute authorizes requests for name, address and an explanation of conduct but does not authorize the officer to compel a document.
Daniels acknowledged the stop in the underlying…
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