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STATE v. SUNDBERG

No. 4397.

611 P.2d 44 (1980)

STATE of Alaska, Petitioner, v. Russell SUNDBERG, Respondent.

Supreme Court of Alaska.

May 9, 1980.

Attorney(s) appearing for the Case

Barry J. Stern, Asst. Atty. Gen., Daniel W. Hickey, Chief Pros., Avrum M. Gross, Atty. Gen., Juneau, for petitioner.

John M. Murtagh and Walter Share, Asst. Public Defenders, Brian Shortell, Public Defender, Anchorage, for respondent.

Robert H. Wagstaff and Louis James M. Menendez, Anchorage, for Alaska Civil Liberties Union as amicus curiae in support of respondent.

Before RABINOWITZ, C.J., and CONNOR, BOOCHEVER, BURKE and MATTHEWS, JJ.

OPINION

RABINOWITZ, Chief Justice.

This petition for review raises the propriety of the superior court's adoption of an exclusionary rule as a sanction against the use of excessive force by the police in effectuating an arrest of a fleeing burglary suspect. We conclude such a rule should not have been applied and reverse.

The relevant facts are as follows. On the night of April 30, 1978, Anchorage Police Officer Jack Bohannon, driving a marked patrol...

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