Rogers v. State, 120518 AKCA, A-12504
|Opinion Judge:||MANNHEIMER, JUDGE.|
|Party Name:||DANIEL B. ROGERS, Appellant, v. STATE OF ALASKA, Appellee.|
|Attorney:||Appearances: Elizabeth D. Friedman, Redding, California, under contract with the Office of Public Advocacy, for the Appellant. Eric A. Ringsmuth, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee.|
|Judge Panel:||Before: Mannheimer, Chief Judge, and Allard and Wollenberg, Judges.|
|Case Date:||December 05, 2018|
|Court:||Court of Appeals of Alaska|
UNPUBLISHED See Alaska Appellate Rule 214(d)
Appeal from the Superior Court No. 3PA-14-701 CR, Third Judicial District, Palmer, Vanessa H. White, Judge.
Appearances: Elizabeth D. Friedman, Redding, California, under contract with the Office of Public Advocacy, for the Appellant.
Eric A. Ringsmuth, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee.
Before: Mannheimer, Chief Judge, and Allard and Wollenberg, Judges.
Daniel B. Rogers appeals his conviction for third-degree weapons misconduct (felon in possession of a concealable firearm).1 The evidence against Rogers - a handgun - was discovered during an investigative stop. Rogers asserts that this investigative stop was unlawful and that the handgun, the fruit of this unlawful stop, should be suppressed.
For the reasons explained in this opinion, we conclude that the investigative stop was lawful, and that the ensuing discovery and seizure of the handgun were likewise lawful. We therefore affirm Rogers's conviction.
Around one o'clock in the morning on March 18, 2014, Alaska State Trooper Jared Noll noticed a minivan parked in the parking area adjacent to the Knik River Bridge, off the Glenn Highway near Palmer. Because Trooper Noll thought it was odd to find vehicles parked in this area in the middle of the night, he decided to approach the minivan.
Noll parked his patrol vehicle about fifty feet from the minivan - positioning his vehicle so that it did not block the minivan from being able to leave the area. Noll did not activate his overhead emergency lights, because he had no firm evidence that anything illegal was occurring, but he did turn on his high beams.
When Noll walked up to the minivan, he saw a man - later identified as Rogers - in the back of the van. Rogers was mostly undressed. As soon as Rogers became aware of the trooper's presence, Rogers...
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