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STATE v. SEARS

No. 2446.

553 P.2d 907 (1976)

STATE of Alaska, Petitioner, v. Timothy SEARS, Respondent.

Supreme Court of Alaska.

August 20, 1976.

Attorney(s) appearing for the Case

William H. Hawley, Jr., Asst. Dist. Atty., Joseph D. Balfe, Dist. Atty., Anchorage, Avrum M. Gross, Atty. Gen., Juneau, for petitioner.

Phillip D. Weidner, Mark A. Weaver, Asst. Public Defenders, Herbert D. Soll, Public Defender, Anchorage, for respondent.

Before BOOCHEVER, Chief Justice, and RABINOWITZ, CONNOR and ERWIN, Justices.

OPINION

RABINOWITZ, Justice.

This petition for review questions whether illegally obtained evidence may be used in a probation revocation proceeding. The state does not dispute for purposes of this review that the evidence in question was the fruit of an illegal search and seizure.

Respondent Timothy Sears was placed on probation on April 30, 1973, after having pleaded guilty to the charge of accessory after...

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