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: A Public Defender's Life in Alaska

So, Alaska became a little less free today. The Supreme Court handed down its decision in Miller v. State (see http://www.state.ak.us/courts/ops/sp-6369.pdf). The bottom line is the police can now investigate people for merely having an argument. The Court seemed to suggest that merely having an argument is so dangerous that it can lead to violence. One of the shining lights of Alaskan jurisprudence has been Coleman v. State 553 P.2d 40 ( Alaska 1976) where the Court held that a cop can conduct an investigative stop only when the officer has ?a reasonable suspicion that imminent public danger exists or serious harm to persons or property has recently occurred?. That is one of the cases that made Alaska so unique. That is one of the cases that made me so proud to practice here. But Miller seems to gut Coleman. I am upset because the case is just such 'bad' law. I can deal with cases that are bad for the defense when they make sense. I had to stop reading it several times during the day because I was getting so pissed. Talk about a stretch. The dissent is only about a page. Clearly the Chief Justice and Justice Matthews did not feel it was necessary to spend a lot of time pointing out the flawed logic of the majority. I can't understand the reasoning of Justices Carpenti, Eastaugh and Winfree. As of today, having an argument is enough to justify an investigative stop. You know it is bad when I get a call at work that Alaska is now a little more like California . Simply astounding. And incredibly sad.

Full post as published by A Public Defender's Life in Alaska on May 09, 2009 (boomark / email).