Brown v. State

In Brown v. State, 684 P.2d 874 (Alaska App. 1984) a police officer caught Brown walking down the hall of a hotel carrying a portable television set which the officer suspected might have been stolen. After the officer asked Brown several questions, Brown gave evasive answers. The officer conducted a pat-down search of Brown. We upheld the pat-down search on the ground that the officer reasonably suspected that Brown had recently committed a burglary in the hotel from which he was taking the television set. The Court concluded that, because the officer had a reasonable suspicion that Brown was involved in a burglary, which was a felony under Alaska law, it was reasonable for him to "fear that someone suspected of burglary would carry a weapon and resort to violence." Id. at 879.