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MCKELVEY v. STATE

Court of Appeals No. A-12419.

474 P.3d 16 (2020)

John William MCKELVEY III, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

September 4, 2020.

Attorney(s) appearing for the Case

Robert John , Law Office of Robert John, Fairbanks, for the Appellant.

Timothy W. Terrell , Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth , Attorney General, Juneau, for the Appellee.

Before: Allard, Chief Judge, Wollenberg, Judge, and Mannheimer, Senior Judge.

OPINION

This case involves an issue of first impression in Alaska: Must the police obtain a search warrant before conducting targeted aerial surveillance of a residential backyard, using a telephoto lens to discern objects that would not otherwise be visible from that height, when the property owner has taken steps to...

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