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STATE v. AUGAFA

No. 21364.

992 P.2d 723 (1999)

92 Hawai`i 454

STATE of Hawai`i, Plaintiff-Appellant, v. Felix A. AUGAFA, Defendant-Appellee

Intermediate Court of Appeals of Hawai`i.

December 22, 1999.

Attorney(s) appearing for the Case

James Anderson, Deputy Prosecuting Attorney, City and County of Honolulu, for plaintiff-appellant.

Joyce Matsumori-Hoshijo, Deputy Public Defender, for defendant-appellee.

Edward C. Kemper (Kemper & Watts), on the brief, Honolulu, for amicus curiae.

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

Opinion of the Court by ACOBA, J.

We hold that at the hearing to suppress evidence initiated by Defendant-Appellee Felix A. Augafa (Defendant), Plaintiff-Appellant State of Hawai`i (the State) established a legal basis for the arrest of Defendant and for the recovery of drugs from his person. We further hold that under the circumstances of this case, open and visible video camera surveillance of the public sidewalk area on which Defendant was situated was not violative...

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