The Fourth Amendment of the United States Constitution and article I, section 14 of the Alaska Constitution both prohibit "unreasonable searches and seizures." The critical issue to be decided in this case is whether Trooper Bordner’s actions constituted a seizure. If they did, the next question is whether this seizure was unreasonable. Because the Alaska Constitution provides broader protection than the United States Constitution in the area of search and seizure, it is appropriate to apply state constitutional protections in this case. Although we carefully consider and "find substantial guidance in cases interpreting the United States Constitution," we are not bound by those decisions when interpreting state constitutional law.In case you're curious, here is Section 1.14 on the Alaska Declaration of Rights:
The right of the people to be secure in their persons, houses and other property, papers, and effects, against unreasonable searches and seizures, shall not be violated. No warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.Here is Section 15 of the Kansas Constitution Bill of Rights:
The right of the people to be secure in their persons and property against unreasonable searches and seizures shall be inviolate; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons or property to be seized.