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WARING v. STATE

Nos. 5094, 5110.

670 P.2d 357 (1983)

Brian WARING, Appellant, v. STATE of Alaska, Appellee. Scott P. ROBINSON, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

September 9, 1983.

Attorney(s) appearing for the Case

Mary E. Greene, Asst. Public Defender, Fairbanks, Brian Shortell, Public Defender, Anchorage, for appellant Brian Waring.

James D. DeWitt, Call, DeWitt & Barrett, Fairbanks, for appellant Scott P. Robinson.

Elizabeth H. Sheley, Asst. Atty. Gen., Anchorage, Wilson F. Condon, Atty. Gen., Juneau, for appellee.

Before BURKE, C.J., and RABINOWITZ, MATTHEWS and COMPTON, JJ.

OPINION

COMPTON, Justice.

The primary issue in this petition for hearing from the court of appeals is whether Alaska's exclusionary rule, set forth in Evidence Rule 412, contains a standing requirement for search and seizure violations. We affirm the court of appeals' holding that Rule 412 contains a standing requirement, but hold that under the Alaska Constitution there are exceptions to this requirement. Accordingly, we remand the case to the superior...

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