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STATE v. KELLY

No. 9850.

708 P.2d 820 (1985)

STATE of Hawaii, Plaintiff-Appellee, v. Patrick Keith KELLY, Defendant-Appellant.

Supreme Court of Hawaii.

October 21, 1985.

Attorney(s) appearing for the Case

Edward K. Harada (Richard W. Pollack, with him on briefs), Deputy Public Defenders, Honolulu, for defendant-appellant.

Pamela Tamashiro, Deputy Pros. Atty., Honolulu, plaintiff-appellee.

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

WAKATSUKI, Justice.

Defendant-Appellant Patrick Kelly was convicted of promoting a dangerous drug in the first degree in violation of Hawaii Revised Statutes (HRS) § 712-1241(1)(a)(i). The trial court denied Kelly's motion to suppress evidence on grounds that exigent circumstances existed when Officer McCarthy, without a warrant, entered Kelly's residence to recover a photo album containing cocaine in the front cover. We reverse.

I.

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