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Criminal Law

: Fourth Amendment

AK: Officer's hand gesture created stop

By John Wesley Hall, Jr.

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A state trooper’s hand gesture was sufficient to create a stop under the state constitution. Majaev v. State, 2010 Alas. LEXIS 9 (January 22, 2010): The State's argument focuses on the wrong question. The relevant inquiry is not whether Majaev would actually have faced criminal prosecution or punishment under AS 28.35.182, but rather whether a reasonable person in Majaev's position would have believed that he was required to respond to the trooper's gesture in order to comply with the law. A reasonable person in Majaev's position would assume that he was not free to leave because ignoring Trooper Bordner's signal would be a violation of AS 28.35.182(b) and therefore could have subjected such a person to criminal sanction. Statutes like AS 28...continue to full post

Full post as published by Fourth Amendment on January 28, 2010 (boomark / email).

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