Legal Opinion

Brand v. State

Court of Appeals of Alaska

Decided April 3, 2009No. A-9844PublishedCited by 2 opinions

1Opinion of the Court

OPINION

BOLGER, Judge.

Alaska State Trooper Elizabeth Haddad secured Donald Brand and Gretchen Smith outside of their home after a violent confrontation. Kenai Police Sergeant Gus Sandahl then discovered a marijuana-growing operation as he walked through the house to determine whether there was anyone else inside. But the police may not enter a home for a protective sweep unless they have a reasonable belief that there is an individual inside the residence who could put them in danger. We therefore conclude that the superior court should have suppressed the fruits of this illegal search.

I.…

2Cases cited20 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Florida v. RoyerSupreme Court of the United States · 1983
  3. Brown v. IllinoisSupreme Court of the United States · 1975
  4. Maryland v. BuieSupreme Court of the United States · 1990
  5. United States v. Manuel Melendez-GarciaCourt of Appeals for the Tenth Circuit · 1994

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3Cited by2 opinions

  1. Skjervem v. StateCourt of Appeals of Alaska · 2009
  2. Skjervem v. StateCourt of Appeals of Alaska · 2009

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