Legal Opinion
Fraiman v. State, Department of Administration, Division of Motor Vehicles
Alaska Supreme Court
Decided June 14, 2002No. S-10026PublishedCited by 8 opinions
1Opinion of the Court
OPINION
FABE, Chief Justice.
I. INTRODUCTION
The Division of Motor Vehicles (DMV) administratively suspended Daniel Fraiman's driver's license for refusal to take a chemical breath test following Fraiman's arrest for eluding an officer. Because Fraiman was arrested while in the cabin of a friend, he attempted to raise a defense based on an alleged Fourth Amendment violation. We agree with the hearing officer and the superi- or court that Fraiman did not have standing to raise his Fourth Amendment concerns, and we consequently affirm the decision to suspend his license.
II. FACTS AND PROCEEDINGS
Jus…
2Cases cited23 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- Rakas v. IllinoisSupreme Court of the United States · 1979
- Minnesota v. OlsonSupreme Court of the United States · 1990
- Steagald v. United StatesSupreme Court of the United States · 1981
- Minnesota v. CarterSupreme Court of the United States · 1999
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nevers v. State, Department of Administration, Division of Motor VehiclesAlaska Supreme Court · 2005
- People v. MageeCalifornia Court of Appeal · 2011
- Garibay v. State, Dept. of Administration, Division of Motor VehiclesAlaska Supreme Court · 2014
- Beltz v. StateAlaska Supreme Court · 2009
- Beltz v. StateAlaska Supreme Court · 2009
3 more not listed; retrieve them via the Exa API.