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State v. Sears

Citations

  • 553 P.2d 907
  • 1976 Alas. LEXIS 401

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that probation and parole revocation hearings are not criminal proceedings such that the state exclusionary rule applies, but noting that police misconduct which shocks the conscience may lead to invocation of the exclusionary rule
  • holding that exclusionary rule does not apply to probation revocation proceedings
  • explaining that the exclusionary rule in criminal proceedings aims to deter unconstitutional actions by law enforcement and to protect the judiciary from participating in “lawless invasions of the constitutional rights of citizens”
  • suppressing evidence because \contested search or seizure was 'consciously directed' toward a probationer\
  • \We can conceive of circumstances which would lead to the application of the exclusionary rule to revocation of probation proceedings.\
  • “We can conceive of circumstances which would lead to the application of the exclusionary rule to revocation of probation proceedings.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boochever, Rabinowitz, Connor, Erwin, Burke

Read full opinion on CourtListener

Cited by

63 cases in this archive cite this case; the 20 most cited are listed.

Cites

42 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named State v. Sears

41 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.