Legal Opinion · Dissent

State v. Crocker

Court of Appeals of Alaska

Decided August 27, 2004No. A-8462Published

1DissentCoats, Chief Judge

In reviewing whether a magistrate properly issued a search warrant, this court is to give the magistrate’s findings great deference. This court “view[s] the evidence in the light most favorable to upholding the warrant and will only invalidate the warrant if the magistrate abused her discretion.”1 We are *99to uphold the decision to issue the search warrant in doubtful or marginal cases.2. When I apply this standard, I conclude that the information contained in the warrant established a fair probability that Crocker possessed an unlawful amount of marijuana. I would therefore uphold the warrant.

I…

2Cases cited20 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
  3. Ravin v. StateAlaska Supreme Court · 1975
  4. State v. CoonAlaska Supreme Court · 1999
  5. McCoy v. StateAlaska Supreme Court · 1971

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