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STATE v LIE Click to find out why . . .



Keywords & Phrases
CaseNo: 2KB-97-250 CR, CourtCode: SU, CourtName: Superior Court, District: Second, JudgeName: Ben Esch, Plaintiff: STATE, State: AK Alaska, UniqueCaseRef: AK>SU>2KB-97-250CR, Informant, Alaska, Warrant, Evidence, Officer, Affidavit, Disclosure, Cocaine, Magistrate, Memorandum, Alaska App, Probation, Search Warrant, Support, Corroboration, Credibility, Citizen Informant, Ippiq Street, Reliability, Malkin, Defense, Allegation, Alleges, Drugs, Arrests, Judge, Argues, Supra , ContentID: 120239547

Case Documents
1 1997-12-01 MEMORANDUM AND ORDER
[ see first page and extracted highlights below  ] ItemID: 100050
6 pages
HTML
Total Documents: 1 document , 6 pages
Price: $ 19.95


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1 . MEMORANDUM AND ORDER

EXTRACTED KEY WORDS
DEFENDANT
ALASKA
WARRANT
EVIDENCE
OFFICER
COURT
AFFIDAVIT
DISCLOSURE
COCAINE
MAGISTRATE
MEMORANDUM
ALASKA APP
PROBATION
SEARCH WARRANT
SUPPORT
CORROBORATION
CREDIBILITY
CITIZEN INFORMANT
IPPIQ STREET
RELIABILITY
MALKIN
DEFENSE
ALLEGATION
ALLEGES
DRUGS
ARRESTS
JUDGE
ARGUES
SUPRA

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

SECOND JUDICIAL DISTRICT AT NOME

STATE OF ALASKA, Plaintiff,

vs.

MICHAEL B. LIE, Defendant.

Case No. 2KB-97-250 CR

MEMORANDUM and ORDER

In this matter the defendant has moved for several forms of relief, primarily arising from the
at the search warrant be quashed, the evidence seized be suppressed and the case be dismissed, that
 the confidential informant whose information supported the issuance of the warrant, and also

The defendant seeks suppression of the evidence seized pursuant to warrant number 2KB-97-24SW
he officer and because of the alleged lack of corroboration of the informant s information. He
ablish the invalidity of the warrant, to show that someone other than the defendant supplied
mant had no contact with the defendant during the "controversial period."

FACTS:

The search warrant in this case was based upon an affidavit submitted by Officer Nasruk Nay. That
ial informant (P-111) provided information that the defendant came to Point Hope earlier in the
the residence of Allen Lane, the informant had been to the house on two occasions and had observed
175 each to friends whom she accompanied, that the bindles were kept in a fanny pack worn under the
 informant a special deal on "rock" cocaine, and that the defendant stated that he had a lot of the
that the informant had provided reliable information in the past and had made factual reports of
SNIPPETS:
  • IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
  • MEMORANDUM and ORDER
  • In this matter the defendant has moved for several forms of relief, primarily arising from
  • He asks that the search warrant be quashed, the evidence seized be suppressed and the case be
  • The defendant seeks suppression of the evidence seized pursuant to warrant number 2KB-97-24SW
  • That affidavit discloses the following facts: a confidential informant provided information ed the informant a special deal on "rock" cocaine, and that the defendant stated that he had a lot
  • Officer Nay also indicated in the affidavit that the informant had provided reliable
  • During the application for the warrant, Officer Nay stated that the informant was on
  • The Alaska Supreme Court held in State v. Malkin, 722 P.2d 943, 946 that misstatements in
  • State, 933 P.2d 1157, 1163 (Alaska App.
  • the defendant alleges that Officer Nay misrepresented the probationary status of P-111.
  • The defense argues that the probation was for a felony class offense rather than a
  • the Malkin analysis also applies to intentional and/or reckless omissions from the
  • there is no factual basis for the allegation that P-111 received a reward for her assistance.
  • The defendant also argues that the warrant was defective because the credibility of the
  • supra at 575; Erickson v.
  • The assertion by the officer of prior reliability, standing alone, is sufficient to
  • The State argues that the informant was implicitly found by the court to be a "citizen
  • As in Stam, the use of an identification number for the informant, coupled with the assertion
  • Disclosure of the Identity of P-111
  • The judge shall hear all evidence presented by the party and the government, and both sides
  •    |