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STATE v. SAGAPOLUTELE-SILVA

SCWC-19-0000491.

511 P.3d 782 (2022)

STATE of Hawai`i, Petitioner and Respondent/Plaintiff-Appellant, v. Tiana F.M. SAGAPOLUTELE-SILVA, Respondent and Petitioner/Defendant-Appellee.

Supreme Court of Hawai`i.

June 3, 2022.

Attorney(s) appearing for the Case

Brian R. Vincent for Petitioner and Respondent State of Hawai`i.

Alen M. Kaneshiro for Respondent and Petitioner Tiana F.M. Sagapolutele-Silva.

RECKTENWALD, C.J., NAKAYAMA, J., AND CIRCUIT JUDGE WONG, ASSIGNED BY REASON OF VACANCY, WITH McKENNA, J., DISSENTING SEPARATELY, WITH WHOM WILSON, J., JOINS, AND WILSON, J., DISSENTING SEPARATELY

I. INTRODUCTION

Tiana Sagapolutele-Silva was arrested after a traffic stop in 2018 and charged with Operating a Vehicle Under the Influence of an Intoxicant (OVUII) and excessive speeding. Sagapolutele-Silva moved to suppress any statements she made during the traffic stop on the ground that she...

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