STATE v. LEE

No. 8943.

686 P.2d 816 (1984)

STATE of Hawaii, Plaintiff-Appellant, v. Michael Keith LEE, Defendant-Appellee.

Supreme Court of Hawaii.

August 24, 1984.


Attorney(s) appearing for the Case

Thomas M. Pico, Jr., Deputy Pros. Atty., Honolulu (Tracy A. Hino, Deputy Pros. Atty., Honolulu, on the opening brief; Emlyn H. Higa, Deputy Pros. Atty., Honolulu, on the reply brief), for plaintiff-appellant.

Francis T. O'Brien, Honolulu (David D. Cheal, Honolulu, with him on the brief; O'Brien & Char, Honolulu, of counsel), for defendant-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.


LUM, Chief Justice.

The State appeals from an order of the circuit court suppressing incriminating evidence which was used to charge Dr. Michael Keith Lee with promoting drugs in violation of Hawaii Revised Statutes (HRS) §§ 712-1242(1)(c) and 712-1245(1)(c). At the hearing below, the parties agreed that a law enforcement officer posing as a patient, while wearing a recording device, made three visits to Dr. Lee's private office, and recorded their conversations...

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