MONICK v. STATE

No. 8054.

641 P.2d 1341 (1982)

Dr. Kerry MONICK, Plaintiff-Appellee, v. STATE of Hawaii, Defendant-Appellant.

Supreme Court of Hawaii.

March 19, 1982.


Attorney(s) appearing for the Case

Patrick W. Border, Deputy Atty. Gen., Honolulu, for defendant-appellant.

John S. Edmunds, Honolulu (Ronald J. Verga, Honolulu, with him on the brief, John S. Edmunds, a Law Corporation, Honolulu, of counsel), for plaintiff-appellee.

Before RICHARDSON, C.J., LUM and NAKAMURA, JJ., and OGATA and MENOR, Retired Justices, assigned by reason of vacancies.


PER CURIAM.

In this case we examine a search warrant and its supporting affidavit used by the State to seize forty-two sets of patient medical records from the office of plaintiff-appellee Dr. Kerry Monick. In a special proceeding, the circuit court suppressed thirty-eight sets of these records on the ground that the warrant was unconstitutionally overbroad in scope to warrant their seizure.1

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