State v. Miller
Alaska Supreme Court
1DissentMatthews, Justice
The court of appeals applied a legal precept derived from its decision in Jones v. State.1 The precept is that an argument, even a loud one, standing alone does not justify an investigative stop.2 Under the Alaska Constitution, investigative stops are only permitted if the officer who makes the stop has reasonable suspicion that a serious crime is imminent or has recently been committed.3 The court of appeals' principle Seems well justified. Arguments are not crimes, much less serious ones, nor, absent sights or sounds indicating physical violence, are they closely associated with past recent…
2Cases cited7 opinions
- Coleman v. StateAlaska Supreme Court · 1976
- Commonwealth v. ShineSuperior Court of Pennsylvania · 2001
- Van Patten v. StateCourt of Appeals of Arkansas · 1985
- Jones v. StateCourt of Appeals of Alaska · 2000
- Nelson v. StateCourt of Appeals of Georgia · 2001
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