Fleener v. State

In Fleener v. State, 686 P.2d 730 (Alaska App. 1984), the police went to Fleener's residence to execute a search warrant, identified themselves (but did not state their purpose), and waited about a minute before forcing their way inside. However, the police first went to Fleener's residence because Fleener, sounding agitated, called the police and reported that she had five pounds of marijuana and wanted to turn herself in. She gave the police directions to her house. When the police arrived, Fleener told them to go away and that she did not want to talk with them. One officer then left and obtained a search warrant. The Court concluded that the superior court could reasonably have decided that under the circumstances, the officers' purpose was clear to Fleener and that waiting for a refusal to an express demand to admit the officers would have been futile. The Court noted that Fleener was aware that the officers knew about the marijuana she reported, and it was reasonable to infer that Fleener also knew the police had her house staked out while they sought a search warrant to enter.