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eBook details

• Title: State Alaska v. Albert Bianchi
• Author : Court Of Appeals Of Alaska
• Release Date : January 09, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Albert Bianchi was charged by a grand jury with one count of misconduct involving a controlled substance in the third degree (cocaine), AS 11.71.030(a)(1). The evidence against Bianchi was largely the product of a search of his residence, conducted pursuant to a search warrant. Bianchi successfully obtained invalidation of the warrant and the suppression of the evidence on the ground that the affidavit in support of the warrant was insufficient to establish the credibility of the informant or the accuracy of the information she provided. Bianchi then moved to have the indictment dismissed on the ground that there was insufficient evidence to establish commission of the offense. Bianchi reasoned that a grand jury may not consider evidence obtained through an invalid search warrant, and the fruits of the search warrant should therefore be disregarded. Consequently, there was insufficient remaining evidence to establish that he committed the charged offense. The trial court agreed and dismissed the indictment. The state appeals. We reverse.

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