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STATE v. GARCIA

No. 16527.

887 P.2d 671 (1995)

77 Hawai`i 461

STATE of Hawai`i, Plaintiff-Appellee, v. Charlemagne Lacara GARCIA, aka Charlie Garcia, aka Charles Garcia, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

January 26, 1995.

Attorney(s) appearing for the Case

Tom Griswold, on the brief, Wailuku, Maui, for defendant-appellant.

Rosemary Hawkins Kaholokula, Deputy Prosecuting Atty., County of Maui, on the brief, Wailuku, Maui, for plaintiff-appellee.

Before BURNS, C.J., and WATANABE and ACOBA, JJ.

ACOBA, Judge.

Defendant-Appellant Charlemagne Lacara Garcia (Defendant) appeals his conviction and the order denying his motion to suppress evidence. He argues that the police illegally executed a warrant to search his apartment because they failed to demand entry in compliance with the requirements of Hawai`i Revised Statutes (HRS) § 803-37 (1985). Alternatively, he claims that the statute violates the Constitution of the State of Hawai`i because it authorized...

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