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HENRY v. STATE

No. 4563.

621 P.2d 1 (1980)

Daniel HENRY, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

October 10, 1980.

Attorney(s) appearing for the Case

Joseph W. Evans, Birch, Horton, Bittner & Monroe, Anchorage, for appellant.

Joseph D. Balfe, Dist. Atty., Anchorage, W.H. Hawley, Asst. Atty. Gen., Anchorage, Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Before RABINOWITZ, C.J., and CONNOR, BOOCHEVER, BURKE and MATTHEWS, JJ.

OPINION

MATTHEWS, Justice.

On this appeal of his burglary conviction, Daniel Henry challenges the procedures by which the police obtained his fingerprints. He contends first that he was illegally detained without probable cause, so that the fingerprints must be suppressed, and second that if his detention was legal his consent to fingerprinting was tainted, because he was not advised of his right to refuse consent.

On the evening of August 3, 1978...

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