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STATE v. RITTE

Nos. 10069, 10085.

710 P.2d 1197 (1985)

STATE of Hawaii, Plaintiff-Appellee, v. Walter RITTE, Jr., Defendant-Appellant. (Two Cases.)

Supreme Court of Hawaii.

November 25, 1985.

Attorney(s) appearing for the Case

Philip H. Lowenthal (Anthony L. Ranken, with him on briefs), Lowenthal & August, Wailuku, for defendant-appellant.

Artermio C. Baxa (John E. Tam, with him on brief), Dept. of Pros. Atty., Wailuku, for plaintiff-appellee.

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

LUM, Chief Justice.

This is an appeal by Appellant Walter Ritte, Jr., from the denial of his motion to suppress evidence seized at his arrest and the denial of his motion to dismiss charges of illegal possession of firearms and ammunition. We hold that the trial court erred in concluding that Hawaii Revised Statutes § 134-7 (Supp. 1984) applied to Appellant Ritte and that exigent circumstances justified the State's search and seizure. We therefore reverse.

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