Legal Bulletins Index

Legal Bulletins appearing on the APSC website are written and submitted by Ron Rice throughout the year. Please note however, the Legal Manual is usually revised only once a year, therefore recent bulletins may not yet be listed in the Manual's Table of Contents.

If you have any questions concerning the legal bulletins, please call Ron at (907) 279-4637.


Number Title Date
372 Before Searching a Cell Phone Seized as an Incident to Arrest Police Must First Obtain a Warrant 06/28/14
371 Fourth Amendment Does Not Prohibit Use of Deadly Force to Terminate Dangerous Car Chase 06/13/14
370 Anonymous Call to 911 Reporting Reckless Driver Justifies Investigative Stop of Vehicle 04/25/14
369 Consent to Search Provided By An Abused Woman Well After Her Male Partner Who Had Denied Entry And Was, Taken Into Custody is Uphelp 03/05/14
368 Collection and Analysis of DNA Samples Obtained from Arrested Person 06/04/13
367 Investigatory Seizure of Person Justified by Reasonable Suspicion of Criminal Activity 05/13/13
366 Exigency does not exist in every case to justify conducting warrantless blood test in drunk-driving investigations 05/06/13
365 Observations of illegal activity made by looking through a window while Standing on deck of private residence accessible by public are lawful. 03/29/13
364 Warrantless presence drug-sniffing dog on a homeowner's porch is a Search within the meaning of the fourth amendment. 03/26/13
363 Drug dog's sniff test based on residual odor during lawful traffic stop Establishes probable cause to search. 02/28/13
362 Miranda "Continuous-Custody" 14 day rule 10/11/12
361 Emergency entry into residence and seizure of evidence found in "plain view" 08/31/12
360 Seizure of boots from jail is incident to arrest - not incident to incarceration - if police station is within same facility 02/26/12
359 Protective entry of residence 01/23/12
358 GPS devices constitute a search under the fourth amendment 02/13/12
357 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 02/13/12
356 Miranda violations in first and second interviews taint subsequent interviews requiring supression of statements 07/29/11
355 Age of chlid subjected to police questioning is relevant to custody analysis of Miranda 06/16/11
354 Warantless emergency entry into private residence to prevent destruction of evidence 05/16/11
353 Second Miranda Warning not required for new crime and mandatory reconrding not required for arrested person who is not at a place of detention 03/30/11
352 Community caretaker stop upheld 02/23/11
351 Search of vehicle as incident to arrest 12/30/10
350 Owner's consent to search stolen vehicle 05/28/10
349 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 05/12/10
348 Police must satisfy three requirements to satisfy the warrantess seizure of garbage put on or adjucent to a public street 04/06/10
347 Police Officer's hand signal constitutes a seizure under Article I, Section 14 of the Alaska Constitution 01/28/10
346 Warrantless seizure and subsequent search of bindle removed from arrestee found during pat-down 12/31/09
345 Warrantless entry into provate residence based on emergency-aid doctrine 12/14/09
344 Police officer conducted investigative stop of pedestrian by using red overhead lights 10/01/09
343 Surreptitious recording of inmates telephone calls 07/17/09
342 Seizure and search of plastic container observed by trooper on floorboard of vehicle upheld as incident to arrest and plain view 06/26/09
341 Strip search of student violates Fourth Amendment when school officials lack sufficient suspicion to warrant extending search to require student to pull out underwear 06/25/09
340 The right to counsel during custodian interrogation 06/03/09
339 Investigative stop of vehicle supported by reasonable suspicion 05/13/09
338 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 04/21/09
337 Emergency aid exceptions to the warrant requirement requires immediate need to take action 04/10/09
336 Protective search of residence requires a belief that area to be swept harbors an individual posing a danger to those on arrest scene 04/03/09
335 Evidence obtained from legally seized passenger is admissible 02/02/09
334 Miranda violations from one interview rules "harmless error" and statements obtained during third and fourth interviews are admissible 02/02/09
333 Negligent bookkeeping error on existence of arrest warrant does not require exclusion of evidence 02/02/09
332 In certain instances, statements unlawfully obtained as a result of Miranda violation may be used to impeach defendant if he testifies at trial 12/10/08
331 Search of vehicles' glove compartment upheld as incident to arrest 05/14/08
330 Violation of "Knock and Announce" requires suppression of evidence 05/14/08
329 Police do not violate the Fourth Amendment when they make arrest based on probable cause but prohibited by State Law 05/04/08
328 Article I Section 14 of the Alaska Constitution requires greater restrictions on police when asking consent to search. 05/04/08
327 Probable cause to arrest based on information supplied by good citizen 04/08/08
326 Miranda warnings are required when traffic or investigatory stop ripens into full-blown custody 03/24/08
325 Evidence Obtained from Illegal Arrest Must Be Supressed 02/22/08
324 Custodial-Interrogation Statements Elicited Without Miranda Warnings will Negate Any Post-Miranda Statements 02/22/08
323 Certian Provisions of the Alaska Victim's Rights Act are Unconstitutional 02/22/08
322 Admissibility of Non-Testimonial Statements as Exception to Hearsay 08/09/07
321 Evidence obtained from illegally seized passenger must be suppressed 06/25/07
320 No expectation of privacy within garbage cans placed where driveway met the road 06/11/07
319 Attempt to terminate high-speed chase threatening bystanders does not violate Fourth Amendment 05/04/07
318 Use of excessive force during ordinary traffic stop 04/12/07
317 Investigative stop of vehicle not supported by reasonable suspicion 11/19/06
316 Police had no grounds for investigative stop/seizure of a person 11/19/06
315 Investigative stop of vehicle based on anonymous tip 08/11/06
314 False arrest may not entitle police to immunity from civil suits 08/04/06
313 Illegal pat-down search requires suppression of evidence 07/11/06
312 Police may not suppress exculpatory evidence 06/26/06
311 Admissibility of testimonial statement as hearsay of witnesses not appearing at trial 06/26/06
310 Fourth Amendment does not prohibit police from conducting suspicionless search of a parolee 06/22/06
309 Violation of "knock-and-announce" rule does not require suppression of evidence 06/22/06
308 Warrantless entry into home justified with belief of harm to occupant 06/04/06
307 Anticipatory search warrants do not violate Fourth Amendment 03/27/06
306 Physically present resident can negate co-tenant's consent 03/27/06
305 Gunshots and yelling justifies warrantless entry as emergency and exception 03/12/06
304 Right to counsel attaches when custodial interrogation occurs or when adversary proceedings commence 03/12/06
303 Search for drugs as a condition of probation 12/19/05
302 Show-up 11/29/05
301 Right to remain silent during custodial interrogation 11/29/05
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