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AWAYA v. STATE

No. 9883.

705 P.2d 54 (1985)

Arthur AWAYA, Petitioner-Appellee, v. STATE of Hawaii and the City and County of Honolulu, Respondents-Appellants.

Intermediate Court of Appeals of Hawaii.

May 8, 1985.

Attorney(s) appearing for the Case

Peter Van Name Esser, Deputy Pros. Atty., Honolulu (Ernest J. Freitas, Jr., Deputy Pros. Atty., Honolulu, on the briefs), City and County of Honolulu, for respondents-appellants.

Jerel D. Fonseca, Honolulu (David C. Schutter, Honolulu, with him on the brief; Schutter, Cayetano & Playdon, Honolulu, of counsel), for petitioner-appellee.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

HEEN, Judge.

The State of Hawaii and the City and County of Honolulu (State) appeal from the Decision and Order of the court below granting plaintiff Arthur Awaya's (Awaya) motion for the return of certain money and jewelry taken from apartment no. 1709, 2499 Kapiolani Boulevard (The Apartment) in execution of a search warrant. We hold that the trial court erred in ordering the money returned but was correct in doing so as to the jewelry. On remand the court below...

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