Ferguson v. State

OPINION

ERWIN, Justice.

In the early morning hours of January 10, 1970, flames and smoke were observed in the attic of a house located at 8442 Dunlap Street by Anchorage Assistant Fire Chief Bagley and State Trooper Rudolph who had the house under surveillance. Appellant, Ferguson, in possession of the unoccupied house, was subsequently charged, arrested, and convicted of first degree arson. 1 Because much of the circumstantial evidence presented against him was the product of illegal searches, 2 we reverse. 3

Appellant had purchased the property on July 7, 1969, from Miss Darlene Nickalaski…