Michael Jerome Jennings v. Christopher Smith, Justin Gable, Jeremy Brooks, and the City of Childersburg (Certified Question from the U.S. District Court for the Northern District of Alabama, Eastern Division: 1:22-cv-01165-RDP).
── Michael Jerome Jennings v. Christopher Smith, Justin Gable, Jeremy Brooks, and the City of Childersburg (Certified Question from the U.S. District Court for the Northern District of Alabama, Eastern Division: 1:22-cv-01165-RDP). ──
Case No.: SC-2025-0372
Court: Supreme Court of Alabama
Date: March 13, 2026
Author: Sellers
Category: General
Rel: March 13, 2026
Notice: This opinion is subject to revision before publication in the advance sheets of Southern
Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts,
300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other
errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
SUPREME COURT OF ALABAMA
OCTOBER TERM, 2025-2026
_________________________
SC-2025-0372
_________________________
Michael Jerome Jennings
v.
Christopher Smith, Justin Gable, Jeremy Brooks, and the City
of Childersburg
Certified Question from the United States District Court for the
Northern District of Alabama, Eastern Division
(1:22-cv-01165-RDP)
SELLERS, Justice.
The United States District Court for the Northern District of
Alabama, Eastern Division ("the district court"), has certified to this
SC-2025-0372
Court a question pursuant to Rule 18, Ala. R. App. P. This Court
accepted and answers the question.
I. Certified Question
"Under [Ala. Code 1975,] § 15-5-30, when a law enforcement
officer asks a person for his name, address, and explanation
of his actions, and the person gives an incomplete or
unsatisfactory oral response, does the statute prohibit the
officer from demanding or requesting physical identification?"
II. Ala. Code 1975, § 15-5-30
Section § 15-5-30, the statute referenced in the certified question,
is often referred to as Alabama's "stop and identify" statute. That section
provides:
"A sheriff or other officer acting as sheriff, his deputy or
any constable, acting within their respective counties, any
marshal, deputy marshal or policeman of any incorporated
city or town within the limits of the county or any highway
patrolman or state trooper may stop 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 and may demand of him his name, address and an
explanation of his actions."
(Emphasis added.)
III. Factual Background and Procedural History
On May 22, 2022, Officers Christopher Smith, Justin Gable, and
Jeremy Brooks of the Childersburg Police Department responded to an
2
SC-2025-0372
emergency-911 call in which a female had requested that someone check
on her elderly neighbors' house. The caller conveyed that her neighbors
had gone out of town and that she had observed an unfamiliar vehicle
and a "younger black male" around their house. Officer Smith, who
arrived at the house first, saw a black male watering flowers with a
garden hose. In relevant part, Officer Smith asked the man if he lived at
the house, and the man responded that he did not. Officer Smith
explained that someone had called about a vehicle and a person being on
the property who was not supposed to be there. The man replied that he
was supposed to be there, that his name was Pastor Jennings, that he
lived across the street, that he was looking out for the house while the
neighbors were gone, and that he was watering their flowers. Officer
Smith then asked the man if he had any identification, at which time the
man became very agitated and stated that he would not provide any
identification. Officers Gable and Brooks subsequently arrived at the
house, at which time the conversation between the officers and the man
escalated. After repeatedly refusing to talk to the officers and to properly
identify himself, the man was placed und
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