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MAGEE v. STATE

No. A-8184.

77 P.3d 732 (2003)

Betty J. MAGEE, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

Rehearing Denied June 20, 2003.

Attorney(s) appearing for the Case

Verne E. Rupright, Rupright & Foster, LLC, Wasilla, for Appellant.

Terisia K. Chleborad, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

MANNHEIMER, Judge.

In this case, a judicial officer issued what he called a "contingent" warrant that authorized the police to search Betty Magee's residence if a certain pre-condition was fulfilled. When the police applied for this warrant, they were searching for a "meth lab"—that is, a site for illegally manufacturing methamphetamine. The officer who applied for the warrant conceded that the police currently lacked sufficient justification...

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