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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA Iäÿ½óHÿ¾HÿÄ$
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EXTRACTED KEY WORDS
COURT NEIGHBORS STANDING INV SONERHOLM EVIDENCE SEARCH WARRANT ALASKA VIOLATION WARING TRESPASS PRIVACY RIGHTS POLICE CODEFENDANT VICARIOUS STANDING CONSTITUTIONAL RIGHTS PRIVATE MISCONDUCT SUPPRESS PERMISSION OFFICERS EVIDENCE GATHERED PURSUANT EXCEPTIONS DELIBERATE REASONS INVASION CONFESSION APPEALS |
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT PALMER STATE OF ALASKA, Plaintiff, vs. VINCENT BURKE, Defendant. CASE NO. 3PA-99-687 CR STATE OF ALASKA, Plaintiff, vs. MELISSA BURKE, Defendant. CASE NO. 3PA-99-688 CR ORDER Defendants have filed a motion to suppress the proceeds of the search warrant issued in this case ave permission of the neighboring property owners to enter upon their property and conduct a anding to raise this claim. For the reasons which follow, the court concludes that it is nder the vicarious standing rule enunciated in Waring v. State, 670 P.2d 357 (Alaska 1983), and to e officers from routinely entering private property without permission in order to obtain evidence Defendants are charged with Misconduct Involving a Controlled Substance in the Fourth Degree. These ound at their house pursuant to a search warrant. The principal support for the warrant was the smelled growing marijuana at the house. At an evidentiary hearing held in this case, Inv. SonerholmSNIPPETS: |
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