Alaska Supreme Court

Daniel LUM and Polly Lum, for Themselves and for Their Minor Children, Joseph Aveoganna, Elizabeth Hawley, Aiyanna…

September 21, 2018426 P.3d 1103

Summary

The court reversed summary judgment for the police officers and the North Slope Borough on the Lums' trespass and invasion-of-privacy claims. It held that evidence concerning the officers' prior interactions with Daniel, the absence of clear emergency indicators at the scene, and conflicting accounts about whether they heard yelling created genuine factual disputes concerning bad faith and the legality of the warrantless entry. The court also declined to impute the dispatcher's undisclosed information about possible injuries to the responding officers for purposes of the emergency-aid exception.