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BRAND v. STATE

No. A-9844.

204 P.3d 383 (2009)

Donald BRAND, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

April 3, 2009.

Attorney(s) appearing for the Case

Marjorie Allard, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for Appellant.

Nancy R. Simel, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Talis J. Colberg, Attorney General, Juneau, for Appellee.

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

OPINION

BOLGER, Judge.

Alaska State Trooper Elizabeth Haddad secured Donald Brand and Gretchen Smith outside of their home after a violent confrontation. Kenai Police Sergeant Gus Sandahl then discovered a marijuana-growing operation as he walked through the house to determine whether there was anyone else inside. But the police may not enter a home for a protective sweep unless they have a reasonable belief that there is an individual inside the...

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