STATE v. RIPPE

No. 28225.

193 P.3d 1215 (2008)

STATE of Hawai'i, Plaintiff-Appellant, v. Timothy L. RIPPE, Defendant-Appellee.

Intermediate Court of Appeals of Hawai`i.

July 31, 2008.


Attorney(s) appearing for the Case

Brian R. Vincent, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellant.

Beau J. Bassett, Deputy Public Defender, on the briefs, for Defendant-Appellee.

RECKTENWALD, C.J., FOLEY and FUJISE, JJ.


Opinion of the Court by RECKTENWALD, C.J.

This case requires us to determine whether a police officer's request to a defendant for consent to search a bag constituted interrogation. We must also decide whether the defendant, who denied ownership of the bag in response to the officer's request, abandoned the bag and thus relinquished any reasonable expectation of privacy in it.

On January 30, 2006, Honolulu police received a report that Defendant-Appellee Timothy...

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