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Brian Waring v. State Alaska

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eBook details

  • Title: Brian Waring v. State Alaska
  • Author : Supreme Court of Alaska
  • Release Date : January 09, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

The primary issue in this petition for hearing from the court of appeals is whether Alaskas exclusionary rule, set forth in Evidence Rule 412, contains a standing requirement for search and seizure violations. We affirm the court of appeals holding that Rule 412 contains a standing requirement, but hold that under the Alaska Constitution there are exceptions to this requirement. Accordingly, we remand the case to the superior court to determine whether such exceptions are applicable in this case. We also reverse the court of appeals holding that none of the initial actions taken by the State Troopers constituted an unlawful seizure.


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