State v. Gibson
2012 Alas. LEXIS 7
| Alaska | 2012Background
- Longstanding Alaska emergency aid doctrine governs warrantless entry into homes.
- July 2002 incident: Bevin, living with Gibson, experienced domestic violence; 911 call described knife threat and injuries.
- Officers arrived, observed a distressed Bevin, detained her and Gibson; multiple officers uncertain about occupants inside.
- Officers entered trailer to ensure no one else injured, later discovering meth production evidence; warrant obtained subsequently.
- Superior Court upheld emergency aid entry under Gallmeyer three-prong test; Court of Appeals reversed on initial entry finding no emergency.
- This Alaska Supreme Court decision adopts the Mitchell/Gallmeyer standard as the Alaska constitutional standard and reverses the Court of Appeals, affirming the initial emergency entry under the amended framework and remanding for further issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alaska requires Mitchell/Gallmeyer three-prong test for emergency aid. | Gibson: Alaska constitutional privacy requires Mitchell/Gallmeyer. | State: Mitchell/Gallmeyer is appropriate but may be applied flexibly. | Yes; Alaska constitutional standard adopts Mitchell/Gallmeyer three-prong test. |
| Meaning of 'true necessity' within the first prong. | Gibson: true necessity should be narrow; requires imminent threat. | State: true necessity is contextual and flexible. | True necessity is flexible, balancing threat probability and privacy; not rigid. |
| Was the initial trailer search justified by emergency aid? | Gibson: entry based on speculation; not objectively reasonable. | State: circumstances showed possible injured/unknown victims; emergency aid justified. | Yes; officers had reasonable grounds to believe an emergency at hand warranted aid. |
| How does Alaska's domestic violence context affect emergency aid analysis? | Gibson: heightened privacy limits emergency aid entry. | State: duties to protect victims and bystanders justify flexible entry. | Emergency aid doctrine applies with heightened consideration of family/household safety; entry justified. |
Key Cases Cited
- Stevens v. State, 443 P.2d 600 (Alaska 1968) (origin of emergency aid doctrine; reasonableness of belief governs emergency existence)
- Schraff v. State, 544 P.2d 834 (Alaska 1975) (emergency aid with focus on aid vs. crime-detection motives; wallet search discussed)
- City of Nome v. Ailak, 570 P.2d 162 (Alaska 1977) (emergency entry privilege where body/injury risk reported at residence)
- State v. Myers, 601 P.2d 239 (Alaska 1979) (posture of emergency aid doctrine; discussion of 'true necessity' and balancing)
- Gallmeyer v. State, 640 P.2d 837 (Alaska App. 1982) (adopted Mitchell standard; objective grounds for emergency; true necessity language nuanced)
- Brigham City v. Stuart, 547 U.S. 398 (U.S. 2006) (U.S. Supreme Court: objective reasonableness controls; excludes subjective motives)
- People v. Mitchell, 383 N.Y.S.2d 246 (N.Y. 1976) (Mitchell test elements for emergency aid: emergency at hand, not primarily for arrest, place linked to emergency)