Ending Abusive and Biased Police Encounters
Jennings v. Smith
This case asks whether Alabama law enforcement officers can demand physical ID when enforcing an Alabama that allows them to “Stop and Question” people they reasonably suspect of criminal activity. Although the U.S. Court of Appeals for the Eleventh Circuit has already held that Alabama’s stop-and-question law does not authorize officers to demand physical ID, a federal district court in Alabama certified a question to the Alabama Supreme Court effectively asking the Court to reject that interpretation. The ACLU’s State Supreme Court Initiative, along with the Cato Institute, the Southern Poverty Law Center, the Woods Foundation, and Kaplan Legal Services, filed an amicus brief urging the Alabama Supreme Court to agree with the Eleventh Circuit’s ruling. Our brief argues that the plain meaning of the stop-and-question law—given its title, its text, and the overall structure of the Alabama Code—rules out the possibility that it authorizes demands for physical documents. We also point out that interpreting the stop-and-question law to authorize document demands would render the law unconstitutional under both the U.S. and Alabama Constitutions.
Status: Ongoing
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4 Ending Abusive and Biased Police Encounters Cases

Wisconsin Supreme Court
Jul 2025
Ending Abusive and Biased Police Encounters
+2 Issues
State v. K.R.C.
This case asks whether a 12-year-old boy was in custody and entitled to Miranda warnings during a closed-door police interrogation by a school resource officer in the school building. The court of appeals held that he was not in custody, not entitled to Miranda warnings, and voluntarily incriminated himself. The ACLU’s State Supreme Court Initiative and the ACLU of Wisconsin filed an amicus brief arguing that admitting the boy’s statements into evidence not only violated the Fifth Amendment to the U.S. Constitution but Article I, Section 8 of the Wisconsin Constitution, and urging the Wisconsin Supreme Court to rest its decision on the state charter to better protect Wisconsinites’ civil liberties.
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Wisconsin Supreme Court
Jul 2025

Ending Abusive and Biased Police Encounters
+2 Issues
State v. K.R.C.
This case asks whether a 12-year-old boy was in custody and entitled to Miranda warnings during a closed-door police interrogation by a school resource officer in the school building. The court of appeals held that he was not in custody, not entitled to Miranda warnings, and voluntarily incriminated himself. The ACLU’s State Supreme Court Initiative and the ACLU of Wisconsin filed an amicus brief arguing that admitting the boy’s statements into evidence not only violated the Fifth Amendment to the U.S. Constitution but Article I, Section 8 of the Wisconsin Constitution, and urging the Wisconsin Supreme Court to rest its decision on the state charter to better protect Wisconsinites’ civil liberties.

Michigan Supreme Court
Jun 2025
Ending Abusive and Biased Police Encounters
State v. Fenderson
This case asks whether the government can elicit inculpatory statements from a defendant by giving him misleading information about his rights and applying coercive pressure, then using the statements against him in a criminal case. The ACLU’s State Supreme Court Initiative and the ACLU of Michigan filed an amicus brief arguing that such actions by the government violate a defendant’s rights under the Fifth Amendment to the U.S. Constitution and, independently, Article 1, Section 17 of the Michigan Constitution, which affords even broader protections against self-incrimination than the Fifth Amendment.
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Michigan Supreme Court
Jun 2025

Ending Abusive and Biased Police Encounters
State v. Fenderson
This case asks whether the government can elicit inculpatory statements from a defendant by giving him misleading information about his rights and applying coercive pressure, then using the statements against him in a criminal case. The ACLU’s State Supreme Court Initiative and the ACLU of Michigan filed an amicus brief arguing that such actions by the government violate a defendant’s rights under the Fifth Amendment to the U.S. Constitution and, independently, Article 1, Section 17 of the Michigan Constitution, which affords even broader protections against self-incrimination than the Fifth Amendment.

Hawaii Supreme Court
Apr 2025
Ending Abusive and Biased Police Encounters
State of Hawaiʻi v. Zuffante
In 1994, the Supreme Court of Hawaiʻi held in State v. Kekona that the due process clause of the Hawai‘i Constitution does not require custodial interrogations to be recorded. More than 30 years later, with advances in technology that have made recording far easier, this case asks whether this decision should be reconsidered. The ACLU’s State Supreme Court Initiative, along with the ACLU of Hawai‘i filed an amicus brief arguing that the Supreme Court of Hawaiʻi should now hold that custodial interrogations must be recorded in order to be admissible in court, either as a matter of due process or as an exercise of the Court’s supervisory authority over lower courts.
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Hawaii Supreme Court
Apr 2025

Ending Abusive and Biased Police Encounters
State of Hawaiʻi v. Zuffante
In 1994, the Supreme Court of Hawaiʻi held in State v. Kekona that the due process clause of the Hawai‘i Constitution does not require custodial interrogations to be recorded. More than 30 years later, with advances in technology that have made recording far easier, this case asks whether this decision should be reconsidered. The ACLU’s State Supreme Court Initiative, along with the ACLU of Hawai‘i filed an amicus brief arguing that the Supreme Court of Hawaiʻi should now hold that custodial interrogations must be recorded in order to be admissible in court, either as a matter of due process or as an exercise of the Court’s supervisory authority over lower courts.