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STATE v. POWELL

No. 6787.

603 P.2d 143 (1979)

STATE of Hawaii, Plaintiff-Appellant, v. Palance POWELL, also known as Pat, Defendant-Appellee.

Supreme Court of Hawaii.

Rehearing Denied December 12, 1979.

Attorney(s) appearing for the Case

Arthur Ross, Deputy Pros. Atty., Honolulu (Roy K.S. Chang, Deputy Pros. Atty., Honolulu, on the briefs), for plaintiff-appellant.

Edmund Yee, Sp. Deputy Public Defender, Honolulu (Myles T. Yamamoto, Deputy Public Defender, Honolulu, on the brief), for defendant-appellee.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., Retired Justice KOBAYASHI and Circuit Judge LUM, assigned by reason of vacancies.

RICHARDSON, Chief Justice.

Defendant-appellee Palance Powell was charged with the offense of promoting a dangerous drug in the third degree in violation of HRS § 712-1243 (1976). Before trial, Powell moved to suppress certain evidence seized from his automobile at the time of his arrest. After a hearing on said motion, the court below determined that the evidence had been secured through improper means and, accordingly, ruled in the defendant's favor.

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