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STATE v. DETROY

No. 22570.

72 P.3d 485 (2003)

102 Hawai`i 13

STATE of Hawai`i, Plaintiff-Appellee, v. Benjamin John DETROY, Defendant-Appellant.

Supreme Court of Hawai`i.

July 8, 2003.

Attorney(s) appearing for the Case

Deborah L. Kim, Deputy Public Defender, on the briefs, for defendant-appellant.

James M. Anderson, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee.

MOON, C.J., LEVINSON, NAKAYAMA, and ACOBA, JJ., and Circuit Judge MILKS, Assigned by Reason of Vacancy.

Opinion of the Court by ACOBA, J.

We hold that the search warrant herein was not supported by probable cause inasmuch as (1) the credibility and reliability of the anonymous tip concerning marijuana growing was not established, (2) the use of a thermal imager to obtain information concerning heat within the apartment of Defendant-Appellant Benjamin John Detroy (Defendant) constituted an unreasonable search, and (3) the remaining matters submitted were insufficient...

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