AK: Homeowner has right to refuse police entry by consent

Alaska State Troopers came to defendant’s house with arrest warrants for two persons they suspected were inside. They had no search warrant for the third-party’s house. They beat on the door and demanded entry. Defendant at first refused, but he relented and came to the door and let them in. They could smell fresh growing marijuana, and he was arrested. One has a right to refuse entry by consent into his house. Suppressed. Bergeron v. State, 2018 Alas. App. LEXIS 248 (Oct. 31, 2018) (memorandum).

This entry was posted in Arrest or entry on arrest, Consent. Bookmark the permalink.

Comments are closed.