State v. Malkin

OPINION

RABINOWITZ, Chief Justice.

I. INTRODUCTION

This case requires us to determine the extent to which the validity of statements in an affidavit supporting a search warrant may be challenged. While other jurisdictions have decided this question,1 we are presented with a question of first impression for Alaska.2

The court of appeals concluded that where an affidavit contains material misstatements, such that there would not be probable cause to issue a search warrant after the misstatements were excised, the warrant and evidence seized pursuant thereto must be suppressed unless the state…