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STATE v. JOHNSON

No. A-861.

716 P.2d 1006 (1986)

STATE of Alaska, Petitioner, v. Robert JOHNSON, Michael Davey, and Kelly Davey, Respondents.

Court of Appeals of Alaska.

April 11, 1986.

Attorney(s) appearing for the Case

W.H. Hawley, Asst. Atty. Gen., Office of Special Prosecutions and Appeals, Anchorage, and Harold M. Brown, Atty. Gen., Juneau, for petitioner.

Michael A. Stepovich, Fairbanks, for respondent Robert Johnson.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

SINGLETON, Judge.

We granted this petition for review in order to determine whether a person who is not present when a search warrant is executed has standing to complain of the state's failure to comply with the "knock and announce" requirements of Alaska law. We further determine the appropriate burdens of proof regarding compliance with the knock and announce statutes. Prior to entering the premises to be searched, the police must announce their...

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