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ALBERS v. STATE

No. A-7446.

38 P.3d 540 (2001)

Arthur ALBERS, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

December 28, 2001.

Attorney(s) appearing for the Case

Chet Randall, Assistant Public Advocate, and Brant G. McGee, Public Advocate, Anchorage, for Appellant.

Maarten Vermaat, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

MANNHEIMER, Judge.

The question presented in this appeal is whether, during an investigative stop, the police may order or force the detained person to unclench their hand. Because the police have only limited authority to conduct a search during an investigative stop—an authority limited to ensuring officer safety—we hold that the police may order or force the detained person to open their hand only if the police have an articulable...

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