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STATE v. TRAINOR

No. 17292.

925 P.2d 818 (1996)

83 Hawai`i 250

STATE of Hawai`i, Plaintiff-Appellant, v. John Raymond TRAINOR, Defendant-Appellee.

Supreme Court of Hawaii.

As Amended October 22, 1996.

Attorney(s) appearing for the Case

James H.S. Choi, Deputy Prosecuting Attorney, on the briefs, Honolulu, for Plaintiff-Appellant State of Hawai`i.

Ignacio R. Garcia of Garcia, Garcia, and Rosenberg, on the briefs, Honolulu, for Defendant-Appellee John Raymond Trainor.

Before KLEIN, Acting C.J., LEVINSON, NAKAYAMA and RAMIL, JJ., and CORINNE K.A. WATANABE, Intermediate Court of Appeals Judge, in place of MOON, C.J., recused.

LEVINSON, Justice.

The plaintiff-appellant State of Hawai`i (prosecution) appeals from the circuit court's July 7, 1993 order granting the defendant-appellee John Raymond Trainor's motion to suppress evidence. The prosecution grounds its appeal in two alternative arguments: (1) that the evidence at issue was not the fruit of an unlawful "walk and talk," but was a constitutional investigative encounter based upon reasonable suspicion; and (2) that the encounter resulting...

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