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STATE v. YONG SHIK WON

No. SCWC-12-0000858.

372 P.3d 1065 (2015)

137 Haw. 330

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. YONG SHIK WON, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

November 25, 2015.

Attorney(s) appearing for the Case

Jonathan Burge , Honolulu, for petitioner.

Brian R. Vincent , for respondent.

Robert T. Nakatsuji , Honolulu, for Amicus Curiae Attorney General of the State of Hawai`i.

Donald J. Ramsell , for Amicus Curiae National College for DUI Defense.

Kevin O'Grady , Honolulu, for Amicus Curiae Hawaii Association of Criminal Defense Lawyers.

McKENNA, POLLACK, and WILSON, JJ., with WILSON, J., concurring separately, and NAKAYAMA, J., dissenting, with whom RECKTENWALD, C.J., joins.

Under our law, a person has a statutory and constitutional right to refuse to consent to a bodily search unless an exception to the search warrant requirement is present. In this case, the defendant was informed by the police of his right to refuse to consent to a search, but he was also told that if he exercised...

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