Summary
The Alaska Supreme Court dismissed as improvidently granted a petition for hearing in a case involving a warrantless pat-down search and the seizure of drugs and drug paraphernalia. A dissent argued that the trial court properly found specific and articulable facts supporting the officer's reasonable belief that the defendant might be armed and dangerous.
Holdings
- The petition for hearing was dismissed as improvidently granted.
Questions Presented
- Whether the Alaska Supreme Court should retain and decide the State's petition for hearing concerning the legality of the warrantless pat-down search.
- Whether the officer's observations and the surrounding circumstances provided a reasonable basis for a protective pat-down search under the Fourth Amendment, as argued in the dissent.
Disposition
dismissed
Cases Cited (6)
- Adams v. State, 103 P.3d 908, 911 (Alaska App. 2004)(followed for procedural history and quotation)
- Barios v. Brooks Range Supply, Inc., 26 P.3d 1082, 1087 (Alaska 2001)(followed)
- Chandler v. State, 830 P.2d 789, 792 (Alaska App. 1992)(followed)
- State v. Joubert, 20 P.3d 1115, 1118-19 (Alaska 2001)(followed)
- Free v. State, 614 P.2d 1374, 1378 (Alaska 1980)(followed)
- Gutierres v. State, 793 P.2d 1078, 1080 (Alaska App. 1990)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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