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Alabama Code Section 15-5-30: Authority of peace

write a professional
letter. Your supervising attorney has asked you to
prepare a letter that will be sent to an Alabama
prosecutor.
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 “What you doing here, man?”
Holding the water hose, Cool answered, “Watering
flowers.”
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
neighbor’s house and charged him with
“obstructing government operations.” 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).

Full Answer Section

On the evening of [Date of Arrest], Mr. Cool was simply watering the plants in the front yard of his neighbor, [Neighbor's Name], who was away on vacation. As Mr. Cool was watering the plants, a police car pulled up in front of the house. A different neighbor, [Neighbor's Name], had called the police and reported "suspicious activity."

The police officer approached Mr. Cool and asked, "What you doing here, man?" Mr. Cool politely explained that he was watering his neighbor's plants. The officer then asked Mr. Cool for identification, which Mr. Cool declined to provide. Mr. Cool stated that he had done nothing wrong and was simply being a good neighbor.

Despite Mr. Cool's explanation and the fact that he was clearly engaged in a lawful activity, the police officer proceeded to arrest Mr. Cool for "obstructing government operations." Mr. Cool was handcuffed and placed in the back of a police car.

The neighbor who called the police, [Neighbor's Name], then came out of her home and told the officer that she had made a mistake. She explained that she knows Mr. Cool and that he was just watering his neighbor's plants. The officer ignored [Neighbor's Name]'s statement and continued with the arrest.

I am deeply concerned about the circumstances surrounding Mr. Cool's arrest. It is clear that Mr. Cool was not engaged in any illegal activity and that his arrest was based on nothing more than suspicion and a mistaken call from a neighbor.

Mr. Cool's arrest is a clear violation of his Fourth Amendment rights, which protect him from unreasonable searches and seizures. The police officer had no probable cause to arrest Mr. Cool, and his actions were clearly excessive.

I am also concerned about the possibility that Mr. Cool's race may have played a role in his arrest. Mr. Cool is a person of color, and there is a long history of racial profiling by law enforcement in the United States. I believe that it is important to investigate whether Mr. Cool's race was a factor in his arrest.

In light of these concerns, I demand that you immediately release Mr. Cool from custody and drop the charges against him. I also request that you conduct a thorough investigation into the circumstances of Mr. Cool's arrest.

I have also discussed with Mr. Cool the possibility of filing a lawsuit against the police department for his wrongful detention and arrest. We are currently evaluating our legal options, but we are prepared to take action to ensure that Mr. Cool's rights are protected.

Thank you for your time and consideration.

Sincerely,

[Your Name]

Sample Answer

Re: Demanding the Release of Lester Cool

Dear [Prosecutor'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 of Arrest] at approximately [Time of Arrest] in front of his neighbor's house at [Neighbor's Address] in [City, State].

Mr. Cool is a respected member of the community and a religious leader at the local congregation. He has lived at his current residence for [Number] years and has always maintained a good relationship with his neighbors.