APSC > Legal Bulletins

Legal Bulletins Index

Be aware that the following legal information has not been updated since 2021. The cases summarized below may have been superseded or overturned by subsequent case law.

Legal Bulletins appearing on the APSC website are written and submitted by Ron Rice throughout the year. Ron also maintains a Legal Bulletin Manual, which is located here.
Legal Bulletins
File Name Description Date File Size
LB390.pdf Police lacked probable cause to ask passenger in lawfully stopped vehicle for identification. 07/09/21 248KB
LB389.pdf Hot pursuit of fleeing misdemeanor suspect does not qualify as exigent. 06/23/21 243KB
LB388.pdf Seizure of weapon from residence in conjunction with welfare check. 5/27/21 240KB
LB387.pdf Warrantless Taking Photographs of Aerial Surveillance Violates Alaska Constitution 09/04/20 182KB
LB386.pdf Investigatory Traffic Stop After Running License Check 03/13/20 75KB
LB385.pdf Warrantless seizure of clothing from hospital upheld "under plain view doctrine" 06/17/19 76KB
LB384.pdf Warrantless search of a rifle case that had been seized for "officer safety" results in a suppression of seized during warrantless search 11/09/18 77KB
LB383.pdf Search of Vehicle During "Extended Traffic Stop" is Illegal and All Evidence Seized as a Result is Surpressed 08/21/2018 79KB
LB382.pdf Vehicle Parked Adjacent to Private Driveway is Considered Part of Curtilage of Home 06/14/2018 77KB
LB381.pdf Owner Of Camper on her property occupied by guest had authority to consent to search 08/08/2017 94KB
LB380.pdf Search and Subsequent Seizure of Drugs from Vehicle Ashtray Ruled Unlawful 07/20/2016 78KB
LB379.pdf Seizure of Luggage after Judge Refused Warrant and Subsequently Send to Another City Ruled Unconstitutional 07/20/2016 78KB
LB378.pdf Field Sobriety Test Administered Based on Reasonable Suspicion 07/20/2016 74KB
LB377.pdf Anchorage Impoundment Ordinance is Not Justified Under ‘Community Caretaker’ Rationale and Violates Article 1, Section 14 of the Alaska Constitution. 03/21/2016 44KB
LB376.pdf Investigatory Seizure of Package Based on Reasonable Suspicion to Conduct Canine Sniff Test 09/08/2015 84KB
LB375.pdf Dog Sniff Conducted After Completion of a Traffic Stop 04/23/2015 122KB
LB374.pdf After midnight warrantless presence of ""Drug Sniffing Trooper"" on homeowner's private driveway is a search under the 4th Amendment and Art. 1 Sec. 14 of the Alaska Constitution 04/17/2015 153KB
LB373.pdf Search of ""Third Party"" Residence Requires Search Warrant 08/12/2014 132KB
LB372.pdf Before Searching a Cell Phone Seized as an Incident to Arrest Police Must First Obtain a Warrant 06/28/2014 138KB
LB371.pdf Fourth Amendment Does Not Prohibit Use of Deadly Force to Terminate Dangerous Car Chase 06/13/2014 135KB
LB370.pdf Anonymous Call to 911 Reporting Reckless Driver Justifies Investigative Stop of Vehicle 04/25/2014 137KB
LB369.pdf Consent to Search Provided By An Abused Woman Well After Her Male Partner Who Had Denied Entry And Was, Taken Into Custody is Uphelp 03/05/2014 131KB
LB368.pdf Collection and Analysis of DNA Samples Obtained from Arrested Person 06/04/2013 88KB
LB367.pdf Investigatory Seizure of Person Justified by Reasonable Suspicion of Criminal Activity 05/13/2013 86KB
LB366.pdf Exigency does not exist in every case to justify conducting warrantless blood test in drunk-driving investigations 05/06/2013 106KB
LB365.pdf Observations of illegal activity made by looking through a window while Standing on deck of private residence accessible by public are lawful. 03/29/2013 86KB
LB364.pdf Warrantless presence drug-sniffing dog on a homeowner's porch is a Search within the meaning of the fourth amendment. 03/26/2013 87KB
LB363.pdf Drug dog's sniff test based on residual odor during lawful traffic stop Establishes probable cause to search. 02/28/2013 89KB
LB362.pdf Miranda ""Continuous-Custody"" 14 day rule 10/11/2012 91KB
LB361.pdf Emergency entry into residence and seizure of evidence found in ""plain view"" 08/31/2012 88KB
LB360.pdf Seizure of boots from jail is incident to arrest - not incident to incarceration - if police station is within same facility 02/26/2012 79KB
LB359.pdf Protective entry of residence 01/23/2012 87KB
LB358.pdf GPS devices constitute a search under the fourth amendment 02/13/2012 86KB
LB357.pdf Emergencxy aid exception to the warrant perissible so long as police have ""good reason"" to believe there might be, as opposed to there is, someone injured in the premises 02/13/2012 79KB
LB356.pdf Miranda violations in first and second interviews taint subsequent interviews requiring supression of statements 07/29/2011 85KB
LB355.pdf Age of chlid subjected to police questioning is relevant to custody analysis of Miranda 06/16/2011 80KB
LB354.pdf Warantless emergency entry into private residence to prevent destruction of evidence 05/16/2011 80KB
LB353.pdf Second Miranda Warning not required for new crime and mandatory reconrding not required for arrested person who is not at a place of detention 03/30/2011 81KB
LB352.pdf Community caretaker stop upheld 02/23/2011 80KB
LB351.pdf Search of vehicle as incident to arrest 12/30/2010 30KB
LB350.pdf Owner's consent to search stolen vehicle 05/28/2010 29KB
LB349.pdf Warrantless ""hot pursuit"" entry requires probable cause and an exigency of such a nature that ir compels entry into a person's home before a warrant can be secured 05/12/2010 29KB
LB348.pdf Police must satisfy three requirements to satisfy the warrantess seizure of garbage put on or adjucent to a public street 04/06/2010 82KB
LB347.pdf Police Officer's hand signal constitutes a seizure under Article I, Section 14 of the Alaska Constitution 01/28/2010 346KB
LB346.pdf Warrantless seizure and subsequent search of bindle removed from arrestee found during pat-down 12/31/2009 342KB
LB345.pdf Warrantless entry into provate residence based on emergency-aid doctrine 12/14/2009 343KB
LB344.pdf Police officer conducted investigative stop of pedestrian by using red overhead lights 10/01/2009 43KB
LB343.pdf Surreptitious recording of inmates telephone calls 07/17/2009 44KB
LB342.pdf Seizure and search of plastic container observed by trooper on floorboard of vehicle upheld as incident to arrest and plain view 06/26/2009 46KB
LB341.pdf Strip search of student violates Fourth Amendment when school officials lack sufficient suspicion to warrant extending search to require student to pull out underwear 06/25/2009 45KB
LB340.pdf The right to counsel during custodian interrogation 06/03/2009 38KB
LB339.pdf Investigative stop of vehicle supported by reasonable suspicion 05/13/2009 40KB
LB338.pdf Search of a vehicle as incicent to arrest is not permissible unless the arrestee might be able to access evidence of the offense of arrest or a weapon 04/21/2009 36KB
LB337.pdf Emergency aid exceptions to the warrant requirement requires immediate need to take action 04/10/2009 36KB
LB336.pdf Protective search of residence requires a belief that area to be swept harbors an individual posing a danger to those on arrest scene 04/03/2009 37KB
LB335.pdf Evidence obtained from legally seized passenger is admissible 02/02/2009 35KB
LB334.pdf Miranda violations from one interview rules ""harmless error"" and statements obtained during third and fourth interviews are admissible 02/02/2009 42KB
LB333.pdf Negligent bookkeeping error on existence of arrest warrant does not require exclusion of evidence 02/02/2009 35KB
LB332.pdf In certain instances, statements unlawfully obtained as a result of Miranda violation may be used to impeach defendant if he testifies at trial 12/10/2008 37KB
LB331.pdf Search of vehicles' glove compartment upheld as incident to arrest 05/14/2008 80KB
LB330.pdf Violation of ""Knock and Announce"" requires suppression of evidence 05/14/2008 83KB
LB329.pdf Police do not violate the Fourth Amendment when they make arrest based on probable cause but prohibited by State Law 05/04/2008 78KB
LB328.pdf Article I Section 14 of the Alaska Constitution requires greater restrictions on police when asking consent to search. 05/04/2008 80KB
LB327.pdf Probable cause to arrest based on information supplied by good citizen 04/08/2008 87KB
LB326.pdf Miranda warnings are required when traffic or investigatory stop ripens into full-blown custody 03/24/2008 61KB
LB325.pdf Evidence Obtained from Illegal Arrest Must Be Supressed 02/22/2008 36KB
LB324.pdf Custodial-Interrogation Statements Elicited Without Miranda Warnings will Negate Any Post-Miranda Statements 02/22/2008 37KB
LB323.pdf Certian Provisions of the Alaska Victim's Rights Act are Unconstitutional 02/22/2008 45KB
LB322.pdf Admissibility of Non-Testimonial Statements as Exception to Hearsay 08/09/2007 67KB
LB321.pdf Evidence obtained from illegally seized passenger must be suppressed 06/25/2007 67KB
LB320.pdf No expectation of privacy within garbage cans placed where driveway met the road 06/11/2007 71KB
LB319.pdf Attempt to terminate high-speed chase threatening bystanders does not violate Fourth Amendment 05/04/2007 63KB
LB318.pdf Use of excessive force during ordinary traffic stop 04/12/2007 71KB
LB317.pdf Investigative stop of vehicle not supported by reasonable suspicion 11/19/2006 72KB
LB316.pdf Police had no grounds for investigative stop/seizure of a person 11/19/2006 71KB
LB315.pdf Investigative stop of vehicle based on anonymous tip 08/11/2006 70KB
LB314.pdf False arrest may not entitle police to immunity from civil suits 08/04/2006 73KB
LB313.pdf Illegal pat-down search requires suppression of evidence 07/11/2006 71KB
LB312.pdf Police may not suppress exculpatory evidence 06/26/2006 67KB
LB311.pdf Admissibility of testimonial statement as hearsay of witnesses not appearing at trial 06/26/2006 71KB
LB310.pdf Fourth Amendment does not prohibit police from conducting suspicionless search of a parolee 06/22/2006 67KB
LB309.pdf Violation of ""knock-and-announce"" rule does not require suppression of evidence 06/22/2006 68KB
LB308.pdf Warrantless entry into home justified with belief of harm to occupant 06/04/2006 67KB
LB307.pdf Anticipatory search warrants do not violate Fourth Amendment 03/27/2006 67KB
LB306.pdf Physically present resident can negate co-tenant's consent 03/27/2006 69KB
LB305.pdf Gunshots and yelling justifies warrantless entry as emergency and exception 03/12/2006 68KB
LB304.pdf Right to counsel attaches when custodial interrogation occurs or when adversary proceedings commence 03/12/2006 72KB
LB303.pdf Search for drugs as a condition of probation 12/19/2005 132KB
LB302.pdf Show-up 11/29/2005 68KB
LB301.pdf Right to remain silent during custodial interrogation 11/29/2005 69KB
LB300.pdf Consent is tainted by prior illegal search 9/18/2005 71KB
LB299.pdf Miranda does not apply to statements elicited by a false friend 7/26/2005 70KB
LB298.pdf Investigatory stop leads to ""show-up"" 7/26/2005 69KB
LB297.pdf Miranda warning not required during ""ordinary"" traffic stops 5/24/2005 69KB
LB296.pdf Use of handcuffs to detain person during questioning and search warrant execution 4/4/2005 71KB
LB295.pdf Investigate stop leads to passenger with pre-existing warrants 3/8/2005 174KB
LB294.pdf Confession from exploitation of an illegal arrest 3/8/2005 173KB
LB293.pdf Traffic stop for equipment violation leads to DUI arrest 2/9/2005 171KB
LB292.pdf Drug dogs sniff test during lawful traffic stop 2/1/2005 180KB
LB291.pdf Investigatory pat down search of a person must be justified or evidence will be suppressed 12/22/2004 175KB
LB290.pdf Investigative seizure/pat-down searches of persons present during search for fugitive 12/5/2004 173KB
LB289.pdf Investigative seizure of person suspected of violating parole conditions 12/5/2004 172KB
LB288.pdf Investigatory stop of vehicle with obscured license plates leads to search warrant for mobile meth lab 11/9/2004 173KB
LB287.pdf Custodial-interrogation statements elicited without Miranda warnings will negate any Post-Miranda statements 11/2/2004 174KB
LB286.pdf Marijuana search warrant must establish excess of four ounces or possession for commercial purposes 9/9/2004 175KB
LB285.pdf Failure to give Miranda warnings does not require suppression of physical fruits of voluntary statement 7/23/2004 172KB
LB284.pdf Question first, give the warnings and repeat questions violate Miranda 7/23/2004 172KB
LB283.pdf Stop and identify statute does not violate Fourth or Fifth Amendments 7/23/2004 174KB
LB282.pdf Evidence discovered during illegal pre-incarceration inventory search must be suppressed, but may be admitted under inevitable discovery doctrine 6/7/2004 176KB
LB281.pdf Non-custodial interview of juvenile at police station does not require Miranda warning 6/7/2004 173KB
LB280.pdf Search of vehicle as incident to arrest applies to ""recent occupant"" arrested outside of vehicle 6/7/2004 171KB
LB279.pdf Search of vehicle's center console as incident to arrest 3/27/2004 172KB
LB278.pdf Warrantless search of driver's breath without arrest and following fatal accident is a valid exigent circumstance 2/29/2004 183KB
LB277.pdf Investigatory stop of vehicle based on anonymous call leads to DWI arrest 2/12/2004 171KB
LB276.pdf Information - seeking checkpoint does not violate Fourth Amendment 2/12/2004 69KB
LB275.pdf Vehicle owner's consent to search leads to arrest of passenger 12/23/2003 68KB
LB274.pdf 15 - to - 20 second wait before forced entry satisfies knock-and-announce requirement 12/12/2003 70KB
LB273.pdf Pat-down search for weapons during investigatory stop 11/20/2003 68KB
LB272.pdf Burned-out headlight leads to traffic stop and consent search of person's wallet, leading to probable cause to search residence 9/22/2003 75KB
LB271.pdf Prior inconsistent statement in sexual abuse case admitted as hearsay does not violate confrontation clause 8/24/2003 68KB
LB270.pdf Fifth Amendment can be invoked during sex-offender treatment program 8/24/2003 69KB
LB269.pdf Guests' expectation of privacy in a hotel room 6/13/2003 71KB
LB268.pdf Concealment of evidence does not constitute ""abandonment"" 6/13/2003 71KB
LB267.pdf Failure to give Miranda warnings not grounds for Federal civil suit 6/2/2003 72KB
LB266.pdf Voluntary confession of a juvenile 4/18/2003 71KB
LB265.pdf Promise to ""go off record"" during custodial interrogation renders subsequent confessions involuntary 3/20/2003 69KB
LB264.pdf Alaska's Sex Offender Registration Act does not violate U.S. Constitution 3/9/2003 72KB
LB263.pdf Investigatory stop of vehicle with obscured license plates leads to arrest for burglary and homicide 12/1/2002 72KB
LB262.pdf Warrantless police viewing of videotape seized from a private residence by a citizen/sexual assault victim 10/29/2002 68KB
LB261.pdf Failure to give Miranda warning did not negate subsequent confession 10/29/2002 68KB
LB260.pdf Hearsay admitted as prior inconsistent statement 10/29/2002 68KB
LB259.pdf Surreptitious eavesdropping of drug transaction 8/29/2002 69KB
LB258.pdf Mandatory drug testing of students participating in extracurricular activities 7/11/2002 64KB
LB257.pdf Investigatory seizure of package lacked reasonable suspicion to conduct ""itemizer"" sniff test 6/5/2002 173KB
LB256.pdf Covert Government video monitoring of areas open to public 2/25/2002 171KB
LB255.pdf Non-custodial interrogation 2/14/2002 172KB
lb254.pdf Police may order a detained person to unclench their hand under certain circumstances 12/30/2001 71KB
lb253.pdf Investigatory search of probationer's residence pursuant to conditions of release does not violate the Fourth Amendment 12/29/2001 71KB
lb252.pdf Issuance of search warrant to seize evidence of ""violation"" or ""infraction"" is permissible 9/25/2001 70KB
lb251.pdf Government mandated random drug testing is unconstitutional under Alaska Constitution 7/12/2001 69KB
lb250.pdf Use of thermal-imaging device is a search under Fourth Amendment 7/12/2001 68KB
lb249.pdf Mother has authority to consent to search bedroom where guests resided with her son 6/1/2001 87KB
lb248.pdf Consent to enter residence is not consent to search entire house 5/7/2001 88KB
lb247.pdf Warrantless arrest for minor criminal violation permissible under Fourth Amendment 5/7/2001 88KB
lb246.pdf Sixth Amendment right to counsel is ""offense specific"" 4/23/2001 87KB
lb245.pdf Seizure of residence and refusal to allow unaccompanied owner access while awaiting warrant 2/26/2001 91KB
lb244.pdf Involuntary confession 2/19/2001 86KB
lb243.pdf Illegal investigatory seizure of person involved in landlord-tenant dispute 11/14/2000 91KB
LB242.pdf Objective reasonableness is standard adopted to determine if excessive force is used by police effecting an arrest 6/1/2000 135KB
LB241.pdf Exclusionary rule requires evidence to be suppressed when obtained from illegally seized passenger 5/31/2000 100KB
LB240.pdf Manipulation of a passenger's carry-on luggage is unreasonable search 5/31/2000 70KB
LB239.pdf Investigatory search of person based on anonymous tip lacked probable cause 4/6/2000 89KB
LB238.pdf Involuntary confession 3/15/2000 92KB
LB237.pdf Domestic violence protective order not formallly served 3/8/2000 75KB
LB236.pdf Investigatory seizure of person police observer fleeing from known narcotics trafficing area 2/7/2000 79KB
LB235.pdf Temporary seizure of person by police investigating domestic violence case does not require Miranda warning 2/7/2000 90KB
LB234.pdf Media ride - along programs violate the Fourth Amendment 2/7/2000 89KB
LB233.pdf Forfeiture of vehicle pursuant to State Statute 2/7/2000 81KB
LB232.pdf Search of passenger's personal belongings inside a lawfully stopped vehicle 4/13/1999 86KB
LB231.pdf Admissibility of voice spectrographic analysis (voiceprints) evidence 3/24/1999 75KB
LB230.pdf Search of vehicle incident to a traffic citation 12/12/1998 70KB
LB229.pdf Warrantless search of probationer's residence as condition of probation 9/29/1998 98KB
LB228.pdf Public access with ""No Trespassing"" signs 8/10/1998 87KB
LB227.pdf High-speed police chases 7/13/1998 95KB
LB226.pdf Investigative stop of suspected DUI based on police dispatcher information 7/13/1998 73KB
LB225.pdf Search incident to arrest 7/13/1998 81KB
LB224.pdf Court upholds use of horizontal gaze nystagmus (HGN) test - with qualifications 4/24/1998 77KB
LB223.pdf ""No knock"" search warrants upheld 4/24/1998 73KB
LB222.pdf Anonymous tip leads to consent to search 4/24/1998 73KB
LB221.pdf Seizure of luggage at airport based on anonymous tip 4/24/1998 69KB
LB220.pdf Multiple convictions for sexual assault involving the same victim during single episode 4/24/1998 64KB
LB219.pdf Interview becomes custodial when threat to arrest for another crime is made 4/24/1998 103KB
LB218.pdf Search of persons who arrive after execution of warrant 6/6/1997 82KB
LB217.pdf Search of convicted person by corrections officer incident to incarceration in prison 5/9/1997 95KB
LB216.pdf Limited waiver of Fourth Amendment 5/9/1997 69KB
LB215.pdf Probable cause for search warrants based on anonymous tip, sense of smell, electrical usage records and National Guard assistance 3/16/1997 129KB
LB214.pdf Ordering a passenger out of a lawfully stopped vehicle 3/16/1997 83KB
LB213.pdf OMVI defendant's right to independent blood test 2/17/1997 83KB
LB212.pdf Part of probable cause for search warrant based on sense on smell 2/17/1997 66KB
LB211.pdf Affidavit for search warrant lacking reliability of informant 2/17/1997 76KB
LB210.pdf Search of visitor's purse on premises during service of warrant 2/17/1997 77KB
LB209.pdf Warning not required for consent to search 2/17/1997 56KB
LB208.pdf Lack of consent to probation/parole officer negates search of parolee's premises 10/18/1996 90KB
LB207.pdf Barricaded subject Miranda not required 10/7/1996 82KB
LB206.pdf Involuntary confession 10/7/1996 90KB
LB205.pdf Perjury by unsworn and not notarized statement 10/7/1996 74KB
LB204.pdf Perjury by false sworn statement 9/14/1996 89KB
LB203.pdf Search of persons in residence during execution of warrant 7/27/1996 69KB
LB202.pdf Traffic stop for a minor violation by plainclothes officers passes ""reasonable officer test"" 7/15/1996 81KB
LB201.pdf Civil forfeitures do not constitute double jeopardy 7/10/1996 78KB
LB200.pdf Forfeiture innocent owner defense 3/23/1996 71KB
LB199.pdf Affidavit for search warrant lacking reliability and personal knowledge of informants 3/6/1996 108KB
LB198.pdf Surreptitious use of video monitoring in private residence 3/6/1996 69KB
LB197.pdf Non-custodial interview becomes custodial interrogation 3/6/1996 155KB
LB196.pdf Civil allegations of constitutional violations, false arrest and imprisonment 1/17/1996 57KB
LB195.pdf Forfeiture of property and money pursuant to negotiated plea of guilty 12/6/1995 87KB
LB194.pdf Affidavit for search warrant based on informants 8/20/1995 114KB
LB193.pdf Investigatory seizure of person absent reasonable suspicion 8/2/1995 95KB
LB192.pdf ""Knock and announce"" required by Fourth Amendment 7/7/1995 82KB
LB191.pdf Mandatory drug testing of students participating in school athletic programs 7/2/1995 108KB
LB190.pdf Exclusion of evidence because of corrections officer's improper conduct 7/2/1995 105KB
LB189.pdf Consent to search authorized by a temporary occupant 4/17/1995 138KB
LB188.pdf Custodial interrogation of person not under arrest 12/30/1994 117KB
LB187.pdf Warrantless search of third-party custodian's bedroom 10/8/1994 137KB
LB186.pdf The right to counsel during custodial interrogation 8/1/1994 90KB
LB185.pdf Warrantless search of closed container seized from vehicle 8/1/1994 99KB
LB184.pdf Search warrant based on information supplied by juvenile who burglarized defendant's residence 3/19/1994 89KB
LB183.pdf Immunity inevitable discovery / independent source 1/30/1994 63KB
LB182.pdf Juvenile's right to waive presence of parents during custodial interrogation 11/2/1993 71KB
LB181.pdf Warrantless entry into private residence based on ""emergency-aid"" doctrine 10/26/1993 113KB
LB180.pdf Right to counsel - voluntary waiver 9/1/1993 77KB
LB179.pdf Federal seizures of real property for administrative forfeiture 7/13/1993 79KB
LB178.pdf Investigatory seizure of crack cocaine based on ""plain feel"" 7/12/1993 91KB
LB177.pdf Investigatory stop of vehicle - no probable cause 5/24/1993 101KB
LB176.pdf Improper State/Federal seizure of suspected drug money for administrative forfeiture 4/18/1993 104KB
LB175.pdf Investigatory stop of DWI suspect vehicle based on anonymous tip 4/5/1993 82KB
LB174.pdf Miranda / right to counsel 1/4/1993 141KB
LB173.pdf Investigatory stop of vehicle without probable cause 10/4/1992 87KB
LB172.pdf Volunteered statement failure to tape record statement 8/28/1992 93KB
LB171.pdf Immunity inevitable discovery / independent source (see #183 case reversed) 8/3/1992 108KB
LB170.pdf Exception to hearsay rules 6/28/1992 77KB
LB169.pdf Entrapment 6/1/1992 122KB
LB168.pdf Investigative seizure of carton containing alcohol prior to issuance of a search warrant 4/6/1992 102KB
LB167.pdf Seizure of conversation by exigent circumstances 2/24/1992 62KB
LB166.pdf Custodial interrogation of person no under arrest 1/3/1992 81KB
LB165.pdf Emergency entry into private residence 12/18/1991 93KB
LB164.pdf State statute prohibiting carrying a concealed weapon 11/13/1991 83KB
LB163.pdf Warrantless search of person present in residence during execution of warrant to avoid destruction of evidence 9/24/1991 78KB
LB162.pdf Notification of parents before subjecting in-custody juvenile to interrogation (see #182 case reversed) 8/30/1991 92KB
LB161.pdf The right to counsel during custodial interrogation (see #186 case reversed) 7/30/1991 117KB
LB160.pdf Search of wallet for weapons as incident to arrest 7/30/1991 100KB
LB159.pdf Consent to search vehicle 6/13/1991 84KB
LB158.pdf Non-custodial interrogation 6/5/1991 94KB
LB157.pdf Investigatory chase of person who abandoned drugs before arrest 5/29/1991 67KB
LB156.pdf Plain view seizure of regurgitated balloon containing drugs 4/22/1991 90KB
LB155.pdf Sniff test of warehouse by trained narcotics - detection dog 3/25/1991 120KB
LB154.pdf Right to counsel - involuntary waiver 2/19/1991 96KB
LB153.pdf Right to counsel - voluntary waiver 2/19/1991 90KB
LB152.pdf The right to counsel during custodial interrogation 2/11/1991 109KB
LB151.pdf Affidavit for search warrant based on informant 2/4/1991 108KB
LB150.pdf Right to consult privately with attorney prior to breathalyzer test 12/26/1990 100KB
LB149.pdf Inventory search incident to incarceration 9/18/1990 88KB
LB148.pdf Non-custodial interrogation 9/18/1990 96KB
LB147.pdf Investigative seizure or person / luggage at airport for sniff test by narcotics dog 9/16/1990 116KB
LB146.pdf Investigatory seizure of vehicle based on anonymous tip 9/16/1990 90KB
LB145.pdf Plain view seizure of evidence not discovered ""inadvertently"" 9/16/1990 93KB
LB144.pdf Sobriety checkpoint 9/16/1990 61KB
LB143.pdf OMVI defendant's right to independent blood test 9/16/1990 72KB
LB142.pdf Right to contact relative prior to administration of breath test 4/24/1990 82KB
LB141.pdf Investigatory stop of a vehicle without imminent public danger 4/24/1990 70KB
LB140.pdf Protective search of residence absent reasonable cause 4/24/1990 107KB
LB139.pdf Protective search of residence 3/24/1990 87KB
LB138.pdf Investigatory seizure of person absent reasonable suspicion 3/5/1990 93KB
LB137.pdf Investigatory seizure based on anonymous tip 11/17/1989 81KB
LB136.pdf Consent to search residence by non-present spouse 8/2/1989 77KB
LB135.pdf Investigative seizure and emergency search of vehicle 7/12/1989 67KB
LB134.pdf Investigative vehicle stop search of glove compartment 7/12/1989 99KB
LB133.pdf Voice identification lineup 4/28/1989 80KB
LB132.pdf Search incident to arrest 4/28/1989 86KB
LB131.pdf Search by private security guard 4/28/1989 78KB
LB130.pdf Investigative seizure of person and luggage at airport 4/28/1989 98KB
LB129.pdf Mandatory drug testing 4/28/1989 137KB
LB128.pdf Non-custodial interrogation 2/20/1989 73KB
LB127.pdf Plain view observation of greenhouse from helicopter 2/20/1989 80KB
LB126.pdf Search of student by school officials 11/11/1988 92KB
LB125.pdf Right to counsel prior to commencement of adversarial proceeding 11/11/1988 101KB
LB124.pdf Right to counsel during custodial interrogation 7/1/1988 65KB
LB123.pdf Investigatory seizure of a person absent probable cause 7/1/1988 62KB
LB122.pdf Failure to obtain independent blood test as requested by OMVI defendant 7/1/1988 60KB
LB121.pdf Investigatory stop of vehicle with no probable cause 7/1/1988 71KB
LB120.pdf Involuntary Miranda waiver 7/1/1988 77KB
LB119.pdf Seizure of garbage as abandoned property 5/26/1988 80KB
LB118.pdf Participant monitoring / telephone trap 4/27/1988 66KB
LB117.pdf Investigative seizure of person and luggage at airport 4/27/1988 149KB
LB116.pdf Investigative seizure of person and luggage at airport 4/15/1988 112KB
LB115.pdf Duty to take persons incapacitated by alcohol into protective custody 9/21/1987 101KB
LB114.pdf Warrantless search of probationer's residence by probation officer 7/22/1987 109KB
LB113.pdf Entrapment right to counsel and to remain silent 6/14/1987 84KB
LB112.pdf Investigatory stop of vehicle with no imminent public danger 5/18/1987 80KB
LB111.pdf Search of government employee's desk by supervisor 5/18/1987 139KB
LB110.pdf Probable cause required to seizure evidence in plain view resulting from emergency entry 3/21/1987 105KB
LB109.pdf Particularly describing the place to be searched and the persons or things to be seized 3/21/1987 100KB
LB108.pdf Knowing and intelligent waiver of Miranda by juvenile 2/21/1987 64KB
LB107.pdf Right to counsel / voluntary waiver 9/29/1986 87KB
LB106.pdf Warrantless search by a private citizen probable cause to arrest 7/14/1986 96KB
LB105.pdf The right to counsel during custodial interrogation 5/3/1986 80KB
LB104.pdf Knowing intelligent Miranda waiver 5/3/1986 99KB
LB103.pdf Warrantless entry into hotel room by private citizens who invited police 5/3/1986 111KB
LB102.pdf Entry into vehicle to examine vehicle identification number 5/1/1986 77KB
LB101.pdf Possible civil liability for officers who obtain a warrant lacking probable cause 5/1/1986 100KB
LB100.pdf Dog tracking evidence 5/1/1986 88KB
LB099.pdf Mandatory recording of statement from persons in custody 12/10/1985 101KB
LB098.pdf Investigatory seizure of a package for dog sniff 12/4/1985 100KB
LB097.pdf Right to counsel during custodial interrogation 9/27/1985 117KB
LB096.pdf Sniff test by a trained narcotics detection dog 9/23/1985 88KB
LB095.pdf Knowing and intelligent waiver of Miranda by juvenile (see #108 case reversed) 9/6/1985 140KB
LB094.pdf Automobile exception to warrant requirement 7/2/1985 104KB
LB093.pdf Search for identification as incident to arrest 5/1/1985 64KB
LB092.pdf Involuntary seizure of a person 5/1/1985 86KB
LB091.pdf Delayed warrantless search of packages from vehicle 2/20/1985 109KB
LB090.pdf Search of student by school officials 2/7/1985 101KB
LB089.pdf Knowing and intelligent waiver of rights 12/10/1984 86KB
LB088.pdf Service of night time search warrant based on reasonable certainty 8/24/1984 103KB
LB087.pdf Right to counsel / voluntary waiver 8/3/1984 105KB
LB086.pdf Good faith exception to exclusionary rule in service of search warrant 8/3/1984 133KB
LB085.pdf Inevitable discovery 7/7/1984 89KB
LB084.pdf Right to counsel prior to deciding to submit to breathalyzer 7/7/1984 90KB
LB083.pdf Participant monitoring 7/7/1984 79KB
LB082.pdf Warrantless search conducted on ""open field"" with ""No Trespassing"" signs posted 5/10/1984 86KB
LB081.pdf Municipal ordinance prohibiting carrying a concealed weapon on or about the person 4/12/1984 70KB
LB080.pdf Statement given to a probation officer without Miranda warnings 3/12/1984 146KB
LB079.pdf Participant monitoring seizure of conversation of arrested person 3/5/1984 107KB
LB078.pdf Seizure and search of a person by a private security guard 1/5/1984 79KB
LB077.pdf Knowing and intelligent waiver of rights 11/9/1983 96KB
LB076.pdf Warrantless seizure of person absent probable cause to arrest 10/14/1983 128KB
LB075.pdf Sniff test by trained narcotics detection dog 10/14/1983 144KB
LB074.pdf Confession given by defendant who requested attorney then changed his mind 7/11/1983 108KB
LB073.pdf Affidavit for search warrant based on anonymous tip 6/21/1983 115KB
LB072.pdf Participant monitoring (see #83 case reversed) 6/21/1983 75KB
LB071.pdf Search warrant particularly describing things to be seized 6/21/1983 93KB
LB070.pdf Loitering Statute 6/20/1983 100KB
LB069.pdf Protective search of residence 6/20/1983 120KB
LB068.pdf Plain view search of automobile 6/20/1983 116KB
LB067.pdf Administrative airport security search 5/24/1983 55KB
LB066.pdf Warrantless seizure of a person from a private residence 5/24/1983 125KB
LB065.pdf Seizure of palm prints from in-custody defendant for comparison in non-charged offense 3/14/1983 129KB
LB064.pdf Right to counsel prior to deciding to submit breathalyzer 3/14/1983 102KB
LB063.pdf Warrantless seizure of jacket containing evidence incident to arrest 1/7/1983 142KB
LB062.pdf Statement to private security guard without Miranda warnings 12/29/1982 76KB
LB061.pdf Involuntary seizure of blood during examination by physician without permission of victim 9/27/1982 77KB
LB060.pdf Telephonic search warrants 7/13/1982 95KB
LB059.pdf Warrantless search of a vehicle 6/18/1982 155KB
LB058.pdf Search of juvenile student conducted by teachers 6/14/1982 85KB
LB057.pdf Participant monitoring seizure of conversation by warrant 6/9/1982 108KB
LB056.pdf Double hearsay used to obtain search warrant 5/18/1982 82KB
LB055.pdf Right to counsel / voluntary waiver 5/18/1982 130KB
LB054.pdf Emergency entry into private residence 3/10/1982 80KB
LB053.pdf Warrantless seizure of a person from a private residence and subsequent confession 2/19/1982 83KB
LB052.pdf Third-party (offspring) consent to enter 9/21/1981 72KB
LB051.pdf Search of person incident to arrest 9/21/1981 101KB
LB050.pdf Search of vehicle incident to arrest 7/29/1981 105KB
LB049.pdf Pre-arrest seizure of person while executing search warrant 7/13/1981 104KB
LB048.pdf The right to counsel during custodial interrogation 6/1/1981 117KB
LB047.pdf Search of ""third party"" residence with arrest warrant 5/8/1981 110KB
LB046.pdf Post-arrest show up 2/27/1981 103KB
LB045.pdf Seizure of person for questioning and seizure of his fingerprints 12/23/1980 107KB
LB044.pdf Vehicle search involving investigatory stop; plain view incident to arrest 12/8/1980 132KB
LB043.pdf Consent search of a murder scene 12/8/1980 87KB
LB042.pdf Stop and frisk 11/24/1980 87KB
LB041.pdf Search of a purse incident to arrest 10/28/1980 108KB
LB040.pdf The anticipatory search warrant 10/8/1980 103KB
LB039.pdf Stop and frisk 8/1/1980 96KB
LB038.pdf Warrantless seizure of handgun for test firing 7/29/1980 76KB
LB037.pdf Warrantless entry into motel room resulting in seizure of person and stolen property 7/10/1980 104KB
LB036.pdf Search of abandoned carry-on luggage at airport and abandoned hotel room 6/9/1980 137KB
LB035.pdf Plain view search made from private property 6/9/1980 70KB
LB034.pdf Warrantless entry into private residence to effect arrest 5/6/1980 103KB
LB033.pdf Involuntary seizure of a person 4/21/1980 87KB
LB032.pdf Warrantless seizure of person and evidence by roadblock 4/2/1980 94KB
LB031.pdf Warrantless search of murder scene 1/7/1980 95KB
LB030.pdf Search of a visitor's purse on premises 12/17/1979 86KB
LB029.pdf Search of abandoned vehicle 11/16/1979 92KB
LB028.pdf Search conducted incident to legitimate entry 10/23/1979 77KB
LB027.pdf Search incident to incarceration conducted by correctional officer 10/1/1979 99KB
LB026.pdf Emergency search of vehicle 8/24/1979 92KB
LB025.pdf Hot pursuit of a fleeing felon 7/11/1979 80KB
LB024.pdf Warrantless search by an airline employee 5/11/1979 97KB
LB023.pdf Emergency search of burning building 5/11/1979 102KB
LB022.pdf Warrantless search of a hotel room 4/3/1979 80KB
LB021.pdf Involuntary chemical test for blood alcohol / O. M. V. I. 4/3/1979 106KB
LB020.pdf Plain view search by ""public access"" 3/21/1979 96KB
LB019.pdf Inventory search of impounded vehicle pursuant to police regulation 1/30/1979 118KB
LB018.pdf Plain sight is not ""plain view"" search 11/30/1978 98KB
LB017.pdf Warrantless search by a private citizen 11/30/1978 116KB
LB016.pdf Participant monitoring 10/9/1978 103KB
LB015.pdf Plain view search 10/9/1978 77KB
LB014.pdf Duty of defense attorney to disclose evidence to prosecutor 8/8/1978 87KB
LB013.pdf Search incident to arrest 8/8/1978 69KB
LB012.pdf Vehicle search exigent circumstances 8/8/1978 94KB
LB011.pdf Search warrant based on reliable informant 5/18/1978 95KB
LB010.pdf Plain view search of vehicle 5/18/1978 75KB
LB009.pdf Expectation of privacy 5/18/1978 73KB
LB008.pdf Inventory search of lawfully impounded vehicle 1/27/1978 107KB
LB007.pdf Search of parolee or probationer without a warrant 11/30/1977 100KB
LB006.pdf Search incident to arrest 11/30/1977 91KB
LB005.pdf Right to counsel handwriting exemplars 11/2/1977 60KB
LB004.pdf Retention of field notes 11/1/1977 83KB
LB003.pdf The investigative stop 11/1/1977 85KB
LB002.pdf Right to counsel at lineup 10/12/1977 73KB
LB001.pdf Search and seizure in-custody inventory search of person 10/11/1977 79KB