STATE v. PHILLIPS

Nos. 9426, 9427.

696 P.2d 346 (1985)

STATE of Hawaii, Complainant-Appellee, v. Gregg B. PHILLIPS, Defendant-Appellant.

Supreme Court of Hawaii.

February 28, 1985.


Attorney(s) appearing for the Case

Ken T. Kuniyuki, Honolulu (Glenn M. Nagata, Honolulu, with him on brief; Kuniyuki & Chang, Honolulu, of counsel), for defendant-appellant.

Alexa Fujise, Deputy Pros. Atty., Honolulu (Arthur E. Ross, Deputy Pros. Atty., Honolulu on brief), for complainant-appellee.

Before NAKAMURA, Acting C.J., PADGETT, HAYASHI and WAKATSUKI, JJ., and BURNS, Intermediate Appellate Chief Judge, in place of LUM, C.J., excused.


NAKAMURA, Justice.

Gregg B. Phillips was convicted in the District Court of the First Circuit of carrying a loaded firearm in a vehicle on a public highway in violation of Hawaii Revised Statutes (HRS) § 134-6 and of carrying a deadly weapon concealed within a vehicle occupied by him in violation of HRS § 134-51, and he appeals. The dispositive question is whether the warrantless search of his vehicle and the seizure of the firearm were valid. Concluding...

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