Frazier v. State

Alaska Supreme Court

Frazier v. State

566 P.2d 1023, 1977 Alas. LEXIS 443

CourtAlaska Supreme Court

DecidedJuly 22, 1977

Docket2921

StatusPublished

Cited by2 cases

This text of 566 P.2d 1023 (Frazier v. State) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Frazier v. State, 566 P.2d 1023, 1977 Alas. LEXIS 443 (Ala. 1977).

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OPINION

BURKE, Justice.

On July 18,1975, appellant Gregory Allen Frazier was arrested for driving while intoxicated. A search of Frazier’s automobile revealed approximately one-quarter once of marijuana stored in the vehicle’s glove compartment. Formal charges were filed in the district court alleging Frazier’s operation of a motor vehicle while intoxicated and possession of marijuana. The marijuana charge was later dismissed, and Frazier was found not guilty of the driving offense.

Thereafter, Frazier filed a motion to compel the state to return the marijuana to him. Such motion was denied by the district court, partly upon the ground that marijuana is contraband under a federal statute¹ prohibiting its possession. Frazier [1024]*1024appealed that decision to the superior court, where the judgment was affirmed. This appeal followed.

Frazier contends, inter alia, that the federal statute prohibiting the possession of marijuana violates his right to privacy as guaranteed by the Constitution of the United States. No federal court has so held, and we are not persuaded to do so under the circumstances here presented.

The federal statute, making such material contraband, prevented the district court from granting the relief sought by appellant.² Therefore, the judgment of the superior court, affirming that decision, was correct.³

AFFIRMED.

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OPINION

BURKE, Justice.

On July 18,1975, appellant Gregory Allen Frazier was arrested for driving while intoxicated. A search of Frazier’s automobile revealed approximately one-quarter once of marijuana stored in the vehicle’s glove compartment. Formal charges were filed in the district court alleging Frazier’s operation of a motor vehicle while intoxicated and possession of marijuana. The marijuana charge was later dismissed, and Frazier was found not guilty of the driving offense.

Thereafter, Frazier filed a motion to compel the state to return the marijuana to him. Such motion was denied by the district court, partly upon the ground that marijuana is contraband under a federal statute¹ prohibiting its possession. Frazier [1024]*1024appealed that decision to the superior court, where the judgment was affirmed. This appeal followed.

Frazier contends, inter alia, that the federal statute prohibiting the possession of marijuana violates his right to privacy as guaranteed by the Constitution of the United States. No federal court has so held, and we are not persuaded to do so under the circumstances here presented.

The federal statute, making such material contraband, prevented the district court from granting the relief sought by appellant.² Therefore, the judgment of the superior court, affirming that decision, was correct.³

AFFIRMED.

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566 P.2d 1023, 1977 Alas. LEXIS 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-state-alaska-1977.

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