Legal Opinion · Dissent

Ricks v. State

Court of Appeals of Alaska

Decided April 14, 1989No. A-2377Published

1DissentSingleton, Judge

Having carefully reviewed the record in this case, I believe that the search of Ricks’ jacket was justified for two reasons. First, I am convinced that Ricks’ jacket was properly searched incident to his arrest. Second, the jacket itself is independent evidence of crime because eyewitness testimony established that Ricks obtained drugs from the jacket preparatory to selling them to the confidential informant. Under the circumstances, the jacket could have been seized and searched even if Ricks had avoided arrest. I therefore dissent from the decision to reverse.

In deciding whether the search…

2Cases cited15 opinions

  1. Chimel v. CaliforniaSupreme Court of the United States · 1969
  2. New York v. BeltonSupreme Court of the United States · 1981
  3. United States v. ChadwickSupreme Court of the United States · 1977
  4. Preston v. United StatesSupreme Court of the United States · 1964
  5. McCoy v. StateAlaska Supreme Court · 1971

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