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STATE v. TALO

SCWC-20-0000457.

526 P.3d 588 (2023)

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Logovii TALO, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

March 15, 2023.

Attorney(s) appearing for the Case

Benjamin E. Lowenthal , Wailuku, Jon N. Ikenaga (on the briefs) for the petitioner.

Loren J. Thomas , Honolulu, for respondent.

McKENNA, WILSON, AND EDDINS, JJ., WITH RECKTENWALD, C.J., CONCURRING IN PART AND DISSENTING IN PART, WITH WHOM CIRCUIT JUDGE MALINAO, IN PLACE OF NAKAYAMA, J., RECUSED, JOINS.

I. Introduction

This opinion addresses whether the Circuit Court of the First Circuit ("circuit court") abused its discretion by imposing a probation condition allowing warrantless searches by a probation officer for contraband ("special condition Q").

Logovii Talo ("Talo")'s probation was revoked...

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