Beltz v. State

1. Overview

I am unable to agree with the court's disposition of Jack Beltz's privacy claim under the Alaska Constitution. If our only choices for a rule about warrantless seizures and searches of garbage left for collection in the normal course were the federal rule or today's new Alaska rule, I would join the court's decision without hesitation. But our choices are not so limited. Although the rule adopted by the court lies somewhat closer to the protections embodied in the Alaska Constitution than the federal rule, its constitutional protections are mostly illusory. I would instead adopt…