Legal Opinion

Waring v. State

Alaska Supreme Court

Decided September 9, 1983No. 5094, 5110PublishedCited by 62 opinions

1Opinion of the Court

OPINION

COMPTON, Justice.

The primary issue in this petition for hearing from the court of appeals is whether Alaska’s 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…

2Cases cited33 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Wong Sun v. United StatesSupreme Court of the United States · 1963
  4. Mapp v. OhioSupreme Court of the United States · 1961
  5. Florida v. RoyerSupreme Court of the United States · 1983

28 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. Commonwealth v. HawkinsSupreme Court of Pennsylvania · 1998
  2. Pooley v. StateCourt of Appeals of Alaska · 1985
  3. Ingram v. StateCourt of Appeals of Alaska · 1985
  4. Silvernail v. StateCourt of Appeals of Alaska · 1989
  5. Ozhuwan v. StateCourt of Appeals of Alaska · 1990

57 more not listed; retrieve them via the Exa API.

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