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Alaska R. Evid. 412

Evidence Illegally Obtained

activein force · 2004-07-22 – presentact-effective-date

Evidence illegally obtained shall not be used over proper

objection by the defendant in a criminal prosecution for any

purpose except:

(1) a statement illegally obtained in violation of the right

to warnings under Miranda v. Arizona, 384 U.S. 436 (1966),

may be used in

(A) a prosecution for perjury if the statement is relevant

to the issue of guilt or innocence and if the prosecution shows

that the statement was otherwise voluntary and not coerced; or

(B) any prosecution, to impeach the defendant, codefendant, or a former defendant in the case who made the

statement if the prosecution shows that the statement was

(i) otherwise voluntary and not coerced; and

(ii) recorded, if required by law, or has been determined

to be covered by one of the recognized exceptions to the

recording requirement; and

(2) other evidence illegally obtained may be admitted in

(A) a prosecution for perjury if it is relevant to the issue

of guilt or innocence and if the prosecution shows that the

evidence was not obtained in substantial violation of rights of

the defendant; or

(B) any criminal action, to impeach the defendant,

codefendant, or a former defendant in the case, if the

prosecution shows that the evidence

(i) was the product of a statement illegally obtained in

violation of the right to warnings under Miranda v. Arizona,

384 U.S. 436 (1966); and

(ii) was not obtained in substantial violation of the rights

of the defendant, codefendant, or a former defendant in the

case, as appropriate.

History

(Added by SCO 364 effective August 1, 1979; amended by SCO 1556 effective July 22, 2004) Note: Chapter 16 § 1 SLA 2004 amended Evidence Rule 412 to allow evidence illegally obtained to be used to impeach a defendant, codefendant, or former defendant in a case, under specified circumstances. Section IV of this order is adopted for the sole reason that the legislature has mandated the amendments.

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
113dfdfd30e88ae62ab7af794182fb715e1902551f97afc1a9a8b64b44103209
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