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IN THE COURT OF APPEALS OF THE STATE OF ALASKA
RUSSELL LEE DUNCAN JR.,
) Court of Appeals No. A-9702
) Trial Court No. 3AN-05-4345 CR
) O P I N I O N
STATE OF ALASKA,
) No. 2151 — March 14, 2008
Appeal from the Superior Court, Third Judicial District,
Anchorage, Larry D. Card, Judge.
Appearances: Krista Maciolek, Assistant Public Advocate, and
Joshua Fink, Public Advocate, Anchorage, for the Appellant.
Kenneth M. Rosenstein, Assistant Attorney General, Office of
Special Prosecutions and Appeals, Anchorage, and Talis J.
Colberg, Attorney General, Juneau, for the Appellee.
Before: Coats, Chief Judge, and Mannheimer and Stewart,
Russell Lee Duncan Jr. argues that the superior court erroneously denied
his motion to suppress. Duncan contended that the police illegally searched him when
they contacted him following a citizen’s complaint. We conclude that the police had
– 2 –
probable cause to arrest Duncan, and that the search was a lawful search incident to arrest.
Therefore, we uphold Duncan’s conviction.
Background facts and proceedings
On May 17, 2005, Adam Glazer, the owner of a business in downtown
Anchorage, called the Anchorage Police to complain about drug dealing occurring outside
his business near the intersection of 4th and D Street. Glazer told the dispatcher that a
drug deal happened a minute before he called, and also the night before. Glazer reported
that he had a picture of “the guy today”and that the guy was “the only one out there.”
Glazer described the suspect’s race, build, a