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ALBERS v. STATE

No. A-7446.

93 P.3d 473 (2004)

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

Court of Appeals of Alaska.

June 18, 2004.

Attorney(s) appearing for the Case

Chet Randall, Portland, Maine, for the Appellant.

Kenneth M. Rosenstein, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for the Appellee.

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

OPINION

MANNHEIMER, Judge.

A police officer saw Arthur Albers and a second man walk into an alley behind a bookstore in downtown Anchorage. When the officer followed them into the alley, he saw Albers's companion crouching down and lighting a crack pipe. At this point, the officer called for backup and he initiated an investigative stop of Albers and his companion.

At the officer's command, Albers put his hands into the air, but he kept his...

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