AK: Reconsideration of finding of no PC granted; def never really put lack of PC in issue

At issue was a seizure and then warranted search of defendant’s cell phone looking for an incriminating text message that was already seen by the police on the recipient’s cell phone. At the hearing, the Superior Court granted a motion to suppress based on lack of probable cause. The state moved to reconsider that defendant never put probable cause in issue. Granting the reconsideration, the state showed its probable cause, and the warrant for the cell phone text message was properly issued. It was defendant’s burden to frame the issue in the motion to suppress so the state knew what it was responding to. Barber v. State, 2016 Alas. App. LEXIS 206 (Dec. 16, 2016).

A city police officer here shot and killed a man at close range, and bystanders contradicted the officer’s version of events. Summary judgment was denied on qualified immunity, and she and the city appeal. The factual disputes required summary judgment be denied. The victim had a gun when first encountered and tossed it out of reach. While handcuffing the victim, he appeared to have broken one arm free and was shot at close range in the back. Witnesses contradicted the officer: she said the gun went off accidentally, but the witnesses say she held it in both hands and fired. At the time of the shooting, the victim posed no threat of deadly force against her. She alternatively argued that, if the shooting was considered intentional, the law wasn’t settled. It really was. Wallace v. City of Alexander, 2016 U.S. App. LEXIS 21911 (8th Cir. Dec. 9, 2016).*