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STATE v. HEAPY

No. 27375.

151 P.3d 764 (2007)

STATE of Hawai`i, Plaintiff-Appellee v. Raymond J. HEAPY, Defendant-Appellant.

Supreme Court of Hawai`i.

January 11, 2007.

Attorney(s) appearing for the Case

Michelle L. Drewyer (Ranken & Drewyer), Wailuku, for defendant-appellant.

Peter A. Hanano, Deputy Prosecuting Attorney, County of Maui, for plaintiff-appellee.

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

Opinion by ACOBA, J.

We hold that the district court of the second circuit (the court)1 was wrong in denying the motion of Defendant-Appellant Raymond J. Heapy (Defendant) to suppress "all of the evidence and statements obtained as a result of the police stop of [his] vehicle" because (1) the purported investigatory stop by the police violated article I, section 7 of the Hawai`i Constitution2 in as much as...

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