On August 14, the Cato Institute joined an ACLU legal brief that urges the Supreme Court of Alabama to hold that the stop-and-question law does not require anyone to produce physical proof of their identity.

In a new blog post, Cato Institute Director of the Project on Criminal Justice Matthew Cavedon discusses the details of the case, Jennings v. Smith.

In May 2022, appellant Pastor Michael Jennings went to his neighbor’s house to water their flowers. Another neighbor called 911 to report a suspicious “younger, black male.” Police officer Christopher Smith responded and demanded Jennings’s ID, which the pastor declined to produce. Jennings was then arrested and charged with obstructing governmental operations. Jennings’s charges were later dismissed, and he brought a federal civil rights lawsuit.

The Alabama Code imposes no general requirement for pedestrians to carry physical ID cards. Fewer than half of Alabamians even have a driver’s license.

The Alabama Supreme Court should agree with the Eleventh Circuit’s understanding of the stop-and-question law and rule in favor of Pastor Jennings, Cavedon concludes.

If you would like to speak with Cavedon, please contact pr@​cato.​org to set up an interview.