Deemer v. State
244 P.3d 69
Alaska Ct. App.2010Background
- Deemer was stopped for a traffic violation (failing to signal).
- She lied about her identity when asked to identify herself.
- A second trooper who knew Deemer arrived and a name check revealed a warrant for failing to appear.
- Deemer was arrested and a vehicle search yielded a handgun and cocaine.
- On appeal, Deemer challenged the legality of the vehicle search under Fourth Amendment standards as reinterpreted by Arizona v. Gant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the vehicle search was lawful under Gant. | Deemer argues Gant limits searches to weapon-related cases and requires unsecured arrestee proximity. | State argues search was permissible as incidental to arrest for evidence of the crime. | Yes; search lawful as to evidence of identity crime and related drugs/weapons. |
| Retroactivity of Gant and suppression remedy. | Griffith retroactivity requires suppression if Gant applies retroactively. | State argues good-faith/pre-Gant law may justify limited suppression. | Gant retroactive; good-faith exception not applied to override retroactivity; suppression unnecessary given lawful search. |
| Scope of identification-evidence search. | Search for identity evidence should be narrowly confined. | Police may search where identity evidence reasonably may be found. | When identity evidence may also evidence an independent crime, broad but reasonable search locations in the passenger compartment are allowed. |
Key Cases Cited
- Griffith v. Kentucky, 479 U.S. 314 (1987) (retroactivity of new constitutional rule)
- Arizona v. Gant, 556 U.S. 335 (2009) (vehicle search incident to arrest limited by arrestee proximity)
- Baxter v. State, 77 P.3d 19 (Alaska App. 2003) (scope of searches incident to arrest in Alaska)
- In re Arturo D., 38 P.3d 433 (Cal. 2002) (scope of searches for driver's identity in motor vehicle stops)