(DOWNLOAD) "Charles Dye v. State Alaska" by Court Of Appeals Of Alaska " eBook PDF Kindle ePub Free
eBook details
- Title: Charles Dye v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 17, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Dye, Nixon, Buffington, and Malcolm (the captain and members of the crew of the crab fishing boat Yankee Clipper) were charged in separate misdemeanor complaints with possession of undersized tanner crab in violation of 5 AAC 35.060(a). The complaints were based upon observations of Dan Dunaway, a shellfish biologist employed by the State Department of Fish and Game. All of the cases were consolidated for trial. Pursuant to Alaska Rule of Evidence 412, the appellants moved to suppress Dunaways testimony and argued that Dunaways observations constituted a search rendered illegal by noncompliance with AS 16.05.180. The state conceded below and concedes here that Dunaway did not comply with AS 16.05.180 in that he did not furnish the appellants with a written statement notifying them of the reason for the search. However, the state argues, and the trial court found, that Dunaway was not included within the category of officers mentioned in AS 16.05.150 and consequently was not subject to AS 16.05.180. The parties concede that Dunaway was not authorized by the commissioner to enforce the act. The trial court denied the motion to suppress and the appellants then plead nolo contendere, reserving their right to appeal denial of the suppression motion to this court. The state stipulates that a ruling by this court favorable to the appellants will terminate the case. Thus, we have jurisdiction to consider this appeal. Oveson v. Municipality of Anchorage, 574 P.2d 801 (Alaska 1978); Cooksey v. State, 524 P.2d 1251 (Alaska 1974).
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