Friday, December 18th, 2009...10:22 am
Alaska Supreme Court: Privacy
Today’s opinion in Beltz v. State, ___ P.3d ___ (Alaska Dec. 18, 2009), concerning the privacy interest in garbage placed outside for pick-up, was a 4-1 decision. The court (per Justice Eastaugh) upheld the warrantless seizure of the property (on suspicion of meth production), but both the majority opinion and the dissent (Winfree) recognized privacy interests broader than those recognized under the U S Constitution. Winfree’s dissent (which harks back to Justice Rabinowitz’s dissent in Smith v. State, 510 P.2d 793 (Alaska 1973),) is particularly well-written - it’s scholarly, precise, yet fluent. The guy can write.
(Annual disclaimer: I practiced law with Justice Winfree for several years.)
12/24/09 Update: Here’s Scott Christiansen in The Anchorage Press on Winfree’s dissent.
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