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STATE v. WILEY

No. 12152.

752 P.2d 102 (1988)

STATE of Hawaii, Plaintiff-Appellant, v. Kerry Lane WILEY, Defendant-Appellee.

Supreme Court of Hawaii.

March 29, 1988.

Attorney(s) appearing for the Case

Alexa D.M. Fujise, Deputy Pros. Atty., Honolulu, for plaintiff-appellant.

Travis J.L. Stephens, Jr. (James D. Comack with him on the brief, of counsel, Comack, Kuchi & Nakamoto), Honolulu, for defendant-appellee.

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

LUM, Chief Justice.

This appeal by the State of Hawaii raises the question of whether, in the absence of exigent circumstances, state officers1 are required to obtain a warrant before searching a pillow taken from the possession of a defendant who has already been placed under arrest. Finding the warrantless search of the pillow unreasonable, in that the search violates article I, section 7 of the Hawaii Constitution, we answer the question...

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