Legal Opinion

Waiste v. State

Alaska Supreme Court

Decided October 13, 2000No. S-8068PublishedCited by 11 opinions

1Opinion of the Court

OPINION

COMPTON, Justice.

I. INTRODUCTION

John Waiste and George Ryan (collectively, Waiste) appeal a summary judgment that the State of Alaska does not owe them compensation for its ex parte seizure and retention of their fishing boat during a criminal prosecution and civil in rem forfeiture action based on a violation of fishing regulations. This appeal presents three principal issues. First, does due process require that the State, in every case in which it shows probable cause that a boat has been used in a fishing violation, either afford a hearing or show that exigent cireumstances justify…

2Cases cited45 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  4. Fuentes v. ShevinSupreme Court of the United States · 1972
  5. Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951

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3Cited by11 opinions

  1. State, Department of Revenue v. AndradeAlaska Supreme Court · 2001
  2. Hageland Aviation Services, Inc. v. HarmsAlaska Supreme Court · 2009
  3. State, Department of Natural Resources v. Greenpeace, Inc.Alaska Supreme Court · 2004
  4. Kanuk Ex Rel. Kanuk v. State, Department of Natural ResourcesAlaska Supreme Court · 2014
  5. Diaz v. State, Department of CorrectionsAlaska Supreme Court · 2010

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