Alexander v. Municipality of Anchorage

I dissent from my colleagues' decision.

The defendant in this case, Gregory Alexander, was arrested for driving while intoxicated and was taken to a police substation. *273The arresting officer, Chris Goldberg, offered Alexander the opportunity to call an attorney, but the officer would not remove Alexander's handcuffs or even allow Alexander to place his cuffed hands in front of him. Because Alexander could not use his hands to hold the telephone, it was necessary for Goldberg to stand directly next to Alexander and hold the phone to Alexander's face during the entire conversation. The question…