Legal Bulletins Index

Number Title Date
300 Consent is tainted by prior illegal search 09/18/05
299 Miranda does not apply to statements elicited by a false friend 07/26/05
298 Investigatory stop leads to "show-up" 07/26/05
297 Miranda warning not required during "ordinary" traffic stops 05/24/05
296 Use of handcuffs to detain person during questioning and search warrant execution 04/04/05
295 Investigate stop leads to passenger with pre-existing warrants 03/08/05
294 Confession from exploitation of an illegal arrest 03/08/05
293 Traffic stop for equipment violation leads to DUI arrest 02/09/05
292 Drug dogs sniff test during lawful traffic stop 02/01/05
291 Investigatory pat down search of a person must be justified or evidence will be suppressed 12/22/04
290 Investigative seizure/pat-down searches of persons present during search for fugitive 12/05/04
289 Investigative seizure of person suspected of violating parole conditions 12/05/04
288 Investigatory stop of vehicle with obscured license plates leads to search warrant for mobile meth lab 11/09/04
287 Custodial-interrogation statements elicited without Miranda warnings will negate any Post-Miranda statements 11/02/04
286 Marijuana search warrant must establish excess of four ounces or possession for commercial purposes 09/09/04
285 Failure to give Miranda warnings does not require suppression of physical fruits of voluntary statement 07/23/04
284 Question first, give the warnings and repeat questions violate Miranda 07/23/04
283 Stop and identify statute does not violate Fourth or Fifth Amendments 07/23/04
282 Evidence discovered during illegal pre-incarceration inventory search must be suppressed, but may be admitted under inevitable discovery doctrine 06/07/04
281 Non-custodial interview of juvenile at police station does not require Miranda warning 06/07/04
280 Search of vehicle as incident to arrest applies to "recent occupant" arrested outside of vehicle 06/07/04
279 Search of vehicle's center console as incident to arrest 03/27/04
278 Warrantless search of driver's breath without arrest and following fatal accident is a valid exigent circumstance 02/29/04
277 Investigatory stop of vehicle based on anonymous call leads to DWI arrest 02/12/04
276 Information - seeking checkpoint does not violate Fourth Amendment 02/12/04
275 Vehicle owner's consent to search leads to arrest of passenger 12/23/03
274 15 - to - 20 second wait before forced entry satisfies knock-and-announce requirement 12/12/03
273 Pat-down search for weapons during investigatory stop 11/20/03
272 Burned-out headlight leads to traffic stop and consent search of person's wallet, leading to probable cause to search residence 09/22/03
271 Prior inconsistent statement in sexual abuse case admitted as hearsay does not violate confrontation clause 08/24/03
270 Fifth Amendment can be invoked during sex-offender treatment program 08/24/03
269 Guests' expectation of privacy in a hotel room 06/13/03
268 Concealment of evidence does not constitute "abandonment" 06/13/03
267 Failure to give Miranda warnings not grounds for Federal civil suit 06/02/03
266 Voluntary confession of a juvenile 04/18/03
265 Promise to "go off record" during custodial interrogation renders subsequent confessions involuntary 03/20/03
264 Alaska's Sex Offender Registration Act does not violate U.S. Constitution 03/09/03
263 Investigatory stop of vehicle with obscured license plates leads to arrest for burglary and homicide 12/01/02
262 Warrantless police viewing of videotape seized from a private residence by a citizen/sexual assault victim 10/29/02
261 Failure to give Miranda warning did not negate subsequent confession 10/29/02
260 Hearsay admitted as prior inconsistent statement 10/29/02
259 Surreptitious eavesdropping of drug transaction 08/29/02
258 Mandatory drug testing of students participating in extracurricular activities 07/11/02
257 Investigatory seizure of package lacked reasonable suspicion to conduct "itemizer" sniff test 06/05/02
256 Covert Government video monitoring of areas open to public 02/25/02
255 Non-custodial interrogation 02/14/02
254 Police may order a detained person to unclench their hand under certain circumstances 12/30/01
253 Investigatory search of probationer's residence pursuant to conditions of release does not violate the Fourth Amendment 12/29/01
252 Issuance of search warrant to seize evidence of "violation" or "infraction" is permissible 09/25/01
251 Government mandated random drug testing is unconstitutional under Alaska Constitution 07/12/01
250 Use of thermal-imaging device is a search under Fourth Amendment 07/12/01
249 Mother has authority to consent to search bedroom where guests resided with her son 06/01/01
248 Consent to enter residence is not consent to search entire house 05/07/01
247 Warrantless arrest for minor criminal violation permissible under Fourth Amendment 05/07/01
246 Sixth Amendment right to counsel is "offense specific" 04/23/01
245 Seizure of residence and refusal to allow unaccompanied owner access while awaiting warrant 02/26/01
244 Involuntary confession 02/19/01
243 Illegal investigatory seizure of person involved in landlord-tenant dispute 11/14/00
242 Objective reasonableness is standard adopted to determine if excessive force is used by police effecting an arrest 06/01/00
241 Exclusionary rule requires evidence to be suppressed when obtained from illegally seized passenger 05/31/00
240 Manipulation of a passenger's carry-on luggage is unreasonable search 05/31/00
239 Investigatory search of person based on anonymous tip lacked probable cause 04/06/00
238 Involuntary confession 03/15/00
237 Domestic violence protective order not formallly served 03/08/00
236 Investigatory seizure of person police observer fleeing from known narcotics trafficing area 02/07/00
235 Temporary seizure of person by police investigating domestic violence case does not require Miranda warning 02/07/00
234 Media ride - along programs violate the Fourth Amendment 02/07/00
233 Forfeiture of vehicle pursuant to State Statute 02/07/00
232 Search of passenger's personal belongings inside a lawfully stopped vehicle 04/13/99
231 Admissibility of voice spectrographic analysis (voiceprints) evidence 03/24/99
230 Search of vehicle incident to a traffic citation 12/12/98
229 Warrantless search of probationer's residence as condition of probation 09/29/98
228 Public access with "No Trespassing" signs 08/10/98
227 High-speed police chases 07/13/98
226 Investigative stop of suspected DUI based on police dispatcher information 07/13/98
225 Search incident to arrest 07/13/98
224 Court upholds use of horizontal gaze nystagmus (HGN) test - with qualifications 04/24/98
223 "No knock" search warrants upheld 04/24/98
222 Anonymous tip leads to consent to search 04/24/98
221 Seizure of luggage at airport based on anonymous tip 04/24/98
220 Multiple convictions for sexual assault involving the same victim during single episode 04/24/98
219 Interview becomes custodial when threat to arrest for another crime is made 04/24/98
218 Search of persons who arrive after execution of warrant 06/06/97
217 Search of convicted person by corrections officer incident to incarceration in prison 05/09/97
216 Limited waiver of Fourth Amendment 05/09/97
215 Probable cause for search warrants based on anonymous tip, sense of smell, electrical usage records and National Guard assistance 03/16/97
214 Ordering a passenger out of a lawfully stopped vehicle 03/16/97
213 OMVI defendant's right to independent blood test 02/17/97
212 Part of probable cause for search warrant based on sense on smell 02/17/97
211 Affidavit for search warrant lacking reliability of informant 02/17/97
210 Search of visitor's purse on premises during service of warrant 02/17/97
209 Warning not required for consent to search 02/17/97
208 Lack of consent to probation/parole officer negates search of parolee's premises 10/18/96
207 Barricaded subject Miranda not required 10/07/96
206 Involuntary confession 10/07/96
205 Perjury by unsworn and not notarized statement 10/07/96
204 Perjury by false sworn statement 09/14/96
203 Search of persons in residence during execution of warrant 07/27/96
202 Traffic stop for a minor violation by plainclothes officers passes "reasonable officer test" 07/15/96
201 Civil forfeitures do not constitute double jeopardy 07/10/96
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