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ORDER GRANTING MOTION TO SUPRRESS
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EXTRACTED KEY WORDS
HEFLEY ENDNOTE WARRANT ARREST ENTRY ALASKA CONSENT POLICE HOUSE DOMESTIC VIOLENCE DOMESTIC VIOLENCE STATUTES EMERGENCY AID OFFICER RATHBUN EMERGENCY AID EXCEPTION COURT DELEN HEFLEY AUTHORIZES WARRANTLESS ENTRY STATE ARGUES AUTHORITY GLASS DOOR UNITED STATES CONSTITUTION SUPERIOR COURT DEFENDANT MISDEMEANOR ALLANA TONIGHT OFFICER HARLEY ALASKA APP WARRANT REQUIREMENT |
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA FIRST JUDICIAL DISTRICT AT SITKA STATE OF ALASKA, Plaintiff, vs. DELEN HEFLEY, Defendant. Case No. 1SI-99-201 CR ORDER GRANTING MOTION TO SUPRRESS Delen Hefley moves the court to suppress evidence seized by two police officers after they entered warrant was not necessary because the officers entered the house to arrest Ms. Hefley under a ntry, and Ms. Hefley consented to the entry. But the domestic violence statutes do not authorize a not apply in this case, and Ms. Helfey did not unequivocally and specifically consent to the entry. For these reasons, as more fully discussed below, the court grants Ms. Hefley's motion. I. FACTS [Endnote 2] At about 11:15 p.m. on August 12, 1999, fourteen year-old Allana Hefley came to the Sitka police r father, Patrick Hefley. Allana alleged that her mother, Delen Hefley, assaulted her earlier that o said that her mother had been acting as though she had been drinking. After interviewing Allana, d them to Mr. Hefley's residence. [Endnote 3] After returning to the police station, Officer Rathbun conferred with Sergeant Rynearson. Based on residence to arrest her. The officers believed that they could arrest Ms. Hefley because two Alaska violence misdemeanor offenses even though the offense did not take place in their presence.SNIPPETS: |
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