STATE v. ORTIZ

No. 8636.

683 P.2d 822 (1984)

STATE of Hawaii, Respondent-Appellant, v. Larry James ORTIZ, Petitioner-Appellee.

Supreme Court of Hawaii.

May 23, 1984.


Attorney(s) appearing for the Case

Arthur E. Ross, Deputy Pros. Atty., Honolulu, for respondent-appellant.

Mark R. Zenger, Honolulu (Michael K. Tanigawa, Deputy Public Defender, Honolulu, on the writ and supplemental brief), for petitioner-appellee.

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


HAYASHI, Justice.

We granted certiorari in this case to determine whether a search warrant was required before a police officer opened a knapsack made of thin material through which he felt, after lawfully seizing the sack, what seemed to be the butt of a handgun. The trial court suppressed the gun, ruling that the officer was not entitled to open the knapsack once it was removed from the immediate control of the defendant. The Intermediate Court of Appeals reversed...

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