SMITH v. STATE

No. S-6613.

948 P.2d 473 (1997)

Douglas Leon SMITH, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

November 21, 1997.


Attorney(s) appearing for the Case

Walter Share, Seattle, David Loutrel, Anchorage, for Petitioner.

Nancy R. Simel, Assistant Attorney General, Anchorage, Bruce M. Botelho, Attorney General, Juneau, for Respondent.

Before RABINOWITZ, MATTHEWS, COMPTON, EASTAUGH and FABE, JJ.


OPINION

COMPTON, Justice.

I. INTRODUCTION

In this case we are called upon to decide whether evidence obtained illegally may be admissible under the "inevitable discovery" or "independent source" exceptions to the exclusionary rule. We hold that the "independent source" exception does not apply, and remand the case for consideration of the "inevitable discovery" exception, as formulated herein.

II. FACTS AND PROCEEDINGS...

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