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McBATH v. STATE

No. A-8570.

108 P.3d 241 (2005)

Ronald J. McBATH, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

Rehearing Denied March 22, 2005.

Attorney(s) appearing for the Case

Marcia E. Holland, Assistant Public Defender, Fairbanks, and Barbara K. Brink, Public Defender, Anchorage, for the Appellant.

W.H. Hawley Jr., 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.

The defendant in this case, Ronald J. McBath, was subjected to an arguably illegal investigative stop. During the course of this stop, the police learned McBath's identity and also learned that there were two pre-existing unserved warrants for his arrest. The police arrested McBath on these warrants and, during a search incident to this arrest, the police discovered that McBath was carrying methamphetamine — a discovery...

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