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STATE v. CUNTAPAY

No. 24841.

85 P.3d 634 (2004)

104 Hawai`i 109

STATE of Hawai'i, Respondent/Plaintiff-Appellant v. Reynaldo CUNTAPAY, Petitioner/Defendant-Appellee.

Supreme Court of Hawaii.

March 5, 2004.

Attorney(s) appearing for the Case

Catherine H. Remigio, Deputy Public Defender, on the application for petitioner/defendant-appellee.

LEVINSON, ACOBA, and DUFFY, JJ.; and NAKAYAMA, J., dissenting, with whom MOON, C.J., joins.

Opinion of the Court by ACOBA, J.

We granted certiorari herein and hold that under Article I, section 7 of the Hawai'i Constitution,1 a guest of a homedweller is entitled to a right of privacy while in his or her host's home. Under the circumstances of this case, Petitioner/Defendant-Appellee Reynaldo Cuntapay (Petitioner) had such a right. Insofar as a majority of the Intermediate Court of Appeals (the ICA) held on appeal that Petitioner...

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