- Associated Press - Saturday, August 9, 2014

FAIRBANKS, Alaska (AP) - A police officer jammed his foot into a Fairbanks apartment during a 2010 drug raid, preventing a resident from shutting the door. The officer then found guns, cash and drugs.

But all of the evidence was tossed on Friday, along with the conviction of the resident, Isaac D. Siedentop.

The Fairbanks Daily News-Miner reports (https://bit.ly/1pIlWfr ) the Alaska Court of Appeals threw out the conviction because the officer’s actions constituted an illegal search.

Police said Siedentop was “fidgety” and was asked if he had weapons. He replied that he did, which led police to pat him down and discover a hunting knife, a .40-caliber handgun and about $2,000 in cash.

A second search of Siedentop in a police car led to the discovery of Crown Royal bags with a small digital scale, 11 grams of crack cocaine and 17 grams of powder cocaine.

He was convicted on third-degree drugs misconduct.

Prosecutors argued that a search warrant was issued - albeit for a different person at the residence.

The appeals court found that argument wanting. The court’s three judges said the warrant was for a man who fled electronic monitoring, and didn’t give police justification to enter a home where that man was only rumored to be.

The body search of Siedentop was illegal because it was fruit of an “unlawful seizure of Siedentop’s person,” according to the opinion.

“Essentially, the officers conducted an investigative stop on Siedentop without reasonable suspicion,” the judges wrote. “During this investigative detention, the officers interrogated him, and Siedentop admitted that he was carrying weapons. This statement ultimately led to the discovery of the evidence against him.”

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