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STATE v. JOUBERT

No. S-9129.

20 P.3d 1115 (2001)

STATE of Alaska, Petitioner, v. Hurist JOUBERT, Respondent.

Supreme Court of Alaska.

April 13, 2001.

Attorney(s) appearing for the Case

Kenneth M. Rosenstein, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Petitioner.

Maria Bahr and Michael Dieni, Assistant Public Defenders, and Barbara K. Brink, Public Defender, Anchorage, for Respondent.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Under Alaska law, when an arrest is for an offense of which evidence could be concealed on a person, a police officer is permitted to conduct a warrantless search of the arrestee for evidence of the crime at the time of arrest. When the officer conducting this search feels a small, hard object near the watch pocket of the arrestee's jeans, is he permitted to lift the hem of the arrestee's...

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