warrant requirement in Hawaii

2004This court has consistently admonished police from "prolong[ing] the detention of individuals subjected to brief, temporary investigative *1093 stops... once such stops have failed to substantiate the reasonable suspicion that initially justified them." State v. Silva, 91 Hawai'i 80, 81 , 979 P.2d 1106, 1107 (1999); see also State v. Kaluna, 55 Haw. 361, 363 , 520 P.2d 51, 55 (1974) (holding that a warrantless search must be "no broader than necessary to satisfy the need which legitimized departure from the warrant requirement in the first place"); State v. Goudy, 52 Haw. 497, 503 , 479 P.2d 8

2004This court has consistently admonished police from "prolong[ing] the detention of individuals subjected to brief, temporary investigative *1093 stops... once such stops have failed to substantiate the reasonable suspicion that initially justified them." State v. Silva, 91 Hawai'i 80, 81 , 979 P.2d 1106, 1107 (1999); see also State v. Kaluna, 55 Haw. 361, 363 , 520 P.2d 51, 55 (1974) (holding that a warrantless search must be "no broader than necessary to satisfy the need which legitimized departure from the warrant requirement in the first place"); State v. Goudy, 52 Haw. 497, 503 , 479 P.2d 8

2024"It is well established that warrantless searches and seizures of items within a constitutionally protected area are 'presumptively unreasonable unless there is both probable cause and a legally recognized exception to the warrant requirement.'" 4 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER State v. Phillips, 138 Hawaiʻi 321, 336, 382 P.3d 133, 148 (2016) (quoting State v. Bonnell, 75 Haw. 124, 137 , 856 P.2d 1265, 1273 (1993)).

2024"It is well established that warrantless searches and seizures of items within a constitutionally protected area are 'presumptively unreasonable unless there is both probable cause and a legally recognized exception to the warrant requirement.'" 4 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER State v. Phillips, 138 Hawaiʻi 321, 336, 382 P.3d 133, 148 (2016) (quoting State v. Bonnell, 75 Haw. 124, 137 , 856 P.2d 1265, 1273 (1993)).

2019Kubo, Jr. presided. 5 We have held repeatedly that exceptions to the warrant requirement are well-recognized and narrowly defined, and generally "provide for those cases where the societal costs of obtaining a warrant, such as danger to law officers or the risk of loss or destruction of evidence, outweigh the reasons for prior recourse to a neutral magistrate." State v. Wallace , 80 Hawai'i 382 , 393, 910 P.2d 695 , 706 (1996) (quoting State v. Clark , 65 Haw. 488 , 493, 654 P.2d 355 , 360 (1982) ). 6 The "absolutely necessary under the circumstances" standard derives from our view that the ri

2019Kubo, Jr. presided. 5 We have held repeatedly that exceptions to the warrant requirement are well-recognized and narrowly defined, and generally "provide for those cases where the societal costs of obtaining a warrant, such as danger to law officers or the risk of loss or destruction of evidence, outweigh the reasons for prior recourse to a neutral magistrate." State v. Wallace , 80 Hawai'i 382 , 393, 910 P.2d 695 , 706 (1996) (quoting State v. Clark , 65 Haw. 488 , 493, 654 P.2d 355 , 360 (1982) ). 6 The "absolutely necessary under the circumstances" standard derives from our view that the ri

2000There were probable cause and exigent circumstances to justify the seizure. [A]ny warrantless search of a constitutionally protected area is presumptively unreasonable unless there is both probable cause and a legally recognized exception to the warrant requirement. [State v.] Bonnell, 75 Haw. [124,] 137, 856 P.2d [1265,] 1273 [(1993)]; see also State v. Propios, 76 Hawai'i 474, 477 , 879 P.2d 1057, 1060 (1994); State v. Perham, 72 Haw. 290, 292 , 814 P.2d 914, 915 , reconsideration denied, 72 Haw. 616 , 841 P.2d 1074 (1991); State v. Wiley, 69 Haw. 589, 591 , 752 P.2d 102, 103 (1988); State v

2000There were probable cause and exigent circumstances to justify the seizure. [A]ny warrantless search of a constitutionally protected area is presumptively unreasonable unless there is both probable cause and a legally recognized exception to the warrant requirement. [State v.] Bonnell, 75 Haw. [124,] 137, 856 P.2d [1265,] 1273 [(1993)]; see also State v. Propios, 76 Hawai'i 474, 477 , 879 P.2d 1057, 1060 (1994); State v. Perham, 72 Haw. 290, 292 , 814 P.2d 914, 915 , reconsideration denied, 72 Haw. 616 , 841 P.2d 1074 (1991); State v. Wiley, 69 Haw. 589, 591 , 752 P.2d 102, 103 (1988); State v

2003Id. at 442, 896 P.2d at 898 (quoting Katz v. United States, 389 U.S. 347, 357 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967)). “[S]uch searches are invalid unless they fall within one of the narrowly drawn exceptions to the warrant requirement.” Id. (citing State v. Paahana, 66 Haw. 499, 504 , 666 P.2d 592, 596 (1983)).

2003Id. at 442, 896 P.2d at 898 (quoting Katz v. United States, 389 U.S. 347, 357 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967)). “[S]uch searches are invalid unless they fall within one of the narrowly drawn exceptions to the warrant requirement.” Id. (citing State v. Paahana, 66 Haw. 499, 504 , 666 P.2d 592, 596 (1983)).

2024Id. at 534, 445 P.3d at 115 ; see also State v. Iona, 144 Hawai#i 412, 416, 443 P.3d 104, 108 (2019). 4 At about 3:53 a.m., Officer Yerena told Kanoa he was not free to leave. 5 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Given these constitutional protections, warrantless searches or seizures are presumed "invalid unless and until the prosecution proves that the search or seizure falls within a well-recognized and narrowly defined exception to the warrant requirement." State v. Prendergast, 103 Hawai #i 451, 454, 83 P.3d 714, 717 (2004).

2023A warrantless search or seizure is presumed invalid “unless and until the prosecution proves that the search or seizure falls within a well-recognized and narrowly defined exception to the warrant requirement.” Prendergast, 103 Hawaiʻi at 454, 83 P.3d at 717 (citation omitted).

2022A "narrowly defined exception to the warrant requirement is that a police officer may stop an automobile and detain its occupants if that officer has a reasonable suspicion that the person stopped was engaged in criminal conduct." Id. (citation, internal quotation marks, emphasis, and ellipsis omitted).

2021"Generally, a seizure without a warrant is presumed invalid unless the State proves that the seizure falls within an exception to the warrant requirement of article I, section 7 of the Hawai#i Constitution." Id. at 532-33, 445 P.3d at 113 -14 (citing State v. Heapy, 113 Hawai#i 283, 290, 151 P.3d 764, 771 (2007)).

2012Any warrantless search or seizure is presumed to be illegal and the burden always rests with the government to prove that such actions fall within a specifically established and well-delineated exception to the warrant requirement. [State v. Ortiz, 67 Haw. 181 , 683 P.2d 822 (1984)]. 5.

2012Any warrantless search or seizure is presumed to be illegal and the burden always rests with the government to prove that such actions fall within a specifically established and well-delineated exception to the warrant requirement. [State v. Ortiz, 67 Haw. 181 , 683 P.2d 822 (1984)]. 5.

2025"A search conducted pursuant to voluntary and uncoerced consent by the person being searched is one of the exceptions to the warrant requirement." State v. Mahone, 67 Haw. 644, 646, 701 P.2d 171, 173 (1985) (citation omitted). 8 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Presented with this conflicting evidence, the circuit court found the testimony of Officer Takenishi to be "more credible than [Kaakimaka's testimony] considering both witness[es'] candor, frankness, the witnesses' respective interests in the case, the probability of the testimony, and inconsistencies i

2025"A search conducted pursuant to voluntary and uncoerced consent by the person being searched is one of the exceptions to the warrant requirement." State v. Mahone, 67 Haw. 644, 646, 701 P.2d 171, 173 (1985) (citation omitted). 8 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Presented with this conflicting evidence, the circuit court found the testimony of Officer Takenishi to be "more credible than [Kaakimaka's testimony] considering both witness[es'] candor, frankness, the witnesses' respective interests in the case, the probability of the testimony, and inconsistencies i

2002See State v. Jenkins, 93 Hawai'i 87, 102 , 997 P.2d 13, 28 (2000) (“Any warrantless search of a constitutionally protected area is presumptively unreasonable unless there is both probable cause and a legally recognized exception to the warrant requirement.” (Internal quotation marks, brackets, and citations omitted.)).

2002See State v. Jenkins, 93 Hawai`i 87, 102, 997 P.2d 13, 28 (2000) ("Any warrantless search of a constitutionally protected area is presumptively unreasonable unless there is both probable cause and a legally recognized exception to the warrant requirement." (Internal quotation marks, brackets, and citations omitted.)).

2000There is no evidence and there are no facts supporting a conclusion that the warrantless search of Tagaolo’s fanny bag by the police fell within any of the specifically-established and well-delineated exceptions to the warrant requirement outlined in cases *321 such as Jenkins, 62 Haw. at 662 , 619 P.2d at 110 (automobiles); State v. Elderts, 62 Haw. 495, 498 , 617 P.2d 89, 92 (1980) (probable cause/exigent circumstances); State v. Render, 60 Haw. 301, 307 , 588 P.2d 447, 451 (1978) (consent, search incident to a valid arrest, investigative stop/frisk/pat down, protective search, exigent circu

2000There is no evidence and there are no facts supporting a conclusion that the warrantless search of Tagaolo’s fanny bag by the police fell within any of the specifically-established and well-delineated exceptions to the warrant requirement outlined in cases *321 such as Jenkins, 62 Haw. at 662 , 619 P.2d at 110 (automobiles); State v. Elderts, 62 Haw. 495, 498 , 617 P.2d 89, 92 (1980) (probable cause/exigent circumstances); State v. Render, 60 Haw. 301, 307 , 588 P.2d 447, 451 (1978) (consent, search incident to a valid arrest, investigative stop/frisk/pat down, protective search, exigent circu

1998We have recognized a few exceptions to the warrant requirement of article I, sec *491 tion 7 of the Hawai'i Constitution in the context of seizures: ... the police may temporarily detain an individual if they have a reasonable suspicion based on specific and articulable facts that criminal activity is afoot[.] Id., at 568-69 , 867 P.2d at 908 (citations omitted).

1998We have recognized a few exceptions to the warrant requirement of article I, sec *491 tion 7 of the Hawai'i Constitution in the context of seizures: ... the police may temporarily detain an individual if they have a reasonable suspicion based on specific and articulable facts that criminal activity is afoot[.] Id., at 568-69 , 867 P.2d at 908 (citations omitted).

2003Id. at 442, 896 P.2d at 898 (quoting Katz v. United States, 389 U.S. 347, 357 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967)). “[S]uch searches are invalid unless they fall within one of the narrowly drawn exceptions to the warrant requirement.” Id. (citing State v. Paahana, 66 Haw. 499, 504 , 666 P.2d 592, 596 (1983)).

2003Id. at 442, 896 P.2d at 898 (quoting Katz v. United States, 389 U.S. 347, 357 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967)). “[S]uch searches are invalid unless they fall within one of the narrowly drawn exceptions to the warrant requirement.” Id. (citing State v. Paahana, 66 Haw. 499, 504 , 666 P.2d 592, 596 (1983)).

2000There were probable cause and exigent circumstances to justify the seizure. [A]ny warrantless search of a constitutionally protected area is presumptively unreasonable unless there is both probable cause and a legally recognized exception to the warrant requirement. [State v.] Bonnell, 75 Haw. [124,] 137, 856 P.2d [1265,] 1273 [(1993)]; see also State v. Propios, 76 Hawai'i 474, 477 , 879 P.2d 1057, 1060 (1994); State v. Perham, 72 Haw. 290, 292 , 814 P.2d 914, 915 , reconsideration denied, 72 Haw. 616 , 841 P.2d 1074 (1991); State v. Wiley, 69 Haw. 589, 591 , 752 P.2d 102, 103 (1988); State v

2000There were probable cause and exigent circumstances to justify the seizure. [A]ny warrantless search of a constitutionally protected area is presumptively unreasonable unless there is both probable cause and a legally recognized exception to the warrant requirement. [State v.] Bonnell, 75 Haw. [124,] 137, 856 P.2d [1265,] 1273 [(1993)]; see also State v. Propios, 76 Hawai'i 474, 477 , 879 P.2d 1057, 1060 (1994); State v. Perham, 72 Haw. 290, 292 , 814 P.2d 914, 915 , reconsideration denied, 72 Haw. 616 , 841 P.2d 1074 (1991); State v. Wiley, 69 Haw. 589, 591 , 752 P.2d 102, 103 (1988); State v

2000There were probable cause and exigent circumstances to justify the seizure. [A]ny warrantless search of a constitutionally protected area is presumptively unreasonable unless there is both probable cause and a legally recognized exception to the warrant requirement. [State v.] Bonnell, 75 Haw. [124,] 137, 856 P.2d [1265,] 1273 [(1993)]; see also State v. Propios, 76 Hawai'i 474, 477 , 879 P.2d 1057, 1060 (1994); State v. Perham, 72 Haw. 290, 292 , 814 P.2d 914, 915 , reconsideration denied, 72 Haw. 616 , 841 P.2d 1074 (1991); State v. Wiley, 69 Haw. 589, 591 , 752 P.2d 102, 103 (1988); State v

2000There were probable cause and exigent circumstances to justify the seizure. [A]ny warrantless search of a constitutionally protected area is presumptively unreasonable unless there is both probable cause and a legally recognized exception to the warrant requirement. [State v.] Bonnell, 75 Haw. [124,] 137, 856 P.2d [1265,] 1273 [(1993)]; see also State v. Propios, 76 Hawai'i 474, 477 , 879 P.2d 1057, 1060 (1994); State v. Perham, 72 Haw. 290, 292 , 814 P.2d 914, 915 , reconsideration denied, 72 Haw. 616 , 841 P.2d 1074 (1991); State v. Wiley, 69 Haw. 589, 591 , 752 P.2d 102, 103 (1988); State v

2004The "narrowly defined exception to the warrant requirement" recognized by Prendergast is that "a police officer may stop an automobile and detain its occupants if that officer has a `reasonable suspicion' that the person stopped was engaged in criminal conduct. " Prendergast, 103 Hawai'i at 454 , 83 P.3d at 717 (emphasis added) (citing State v. Bolosan, 78 Hawai'i 86, 94 , 890 P.2d 673, 681 (1995)).

2004The "narrowly defined exception to the warrant requirement" recognized by Prendergast is that "a police officer may stop an automobile and detain its occupants if that officer has a `reasonable suspicion' that the person stopped was engaged in criminal conduct. " Prendergast, 103 Hawai'i at 454 , 83 P.3d at 717 (emphasis added) (citing State v. Bolosan, 78 Hawai'i 86, 94 , 890 P.2d 673, 681 (1995)).

2016If the dissent were to duly apply the doctrine of consent as an exception to the warrant requirement, its determination would require vacating that portion of the order denying Phillips’ suppression motion and remanding the case to the circuit court for a determination of whether consent had, “in fact, [been] freely and voluntarily given.” Patterson, 58 Haw. at 468 , 571 P.2d at 749 (1977); see, e.g., State v. Kaleohano, 99 Hawaiʻi 370, 56 P.3d 138 (2002) (holding that remand was necessary to give the trial court the opportunity to make specific findings on voluntariness because deciding the i

2016If the dissent were to duly apply the doctrine of consent as an exception to the warrant requirement, its determination would require vacating that portion of the order denying Phillips’ suppression motion and remanding the case to the circuit court for a determination of whether consent had, “in fact, [been] freely and voluntarily given.” Patterson, 58 Haw. at 468 , 571 P.2d at 749 (1977); see, e.g., State v. Kaleohano, 99 Hawaiʻi 370, 56 P.3d 138 (2002) (holding that remand was necessary to give the trial court the opportunity to make specific findings on voluntariness because deciding the i

2024"An automobile search without a warrant . . . would not be constitutionally proscribed where the search is conducted as an incident to a proper arrest, or, assuming the existence of probable cause, where exigent circumstances are present." State v. Elliott, 61 Haw. 492, 494-95 , 605 P.2d 930, 932 (1980) (internal citations omitted).

2024"An automobile search without a warrant . . . would not be constitutionally proscribed where the search is conducted as an incident to a proper arrest, or, assuming the existence of probable cause, where exigent circumstances are present." State v. Elliott, 61 Haw. 492, 494-95 , 605 P.2d 930, 932 (1980) (internal citations omitted).

1995We have stated that, “[i]f anything is settled in the law of search and seizure, it is that a search without a warrant issued upon probable cause is unreasonable per se[.]” State v. Fields, 67 Haw. 268, 281 , 686 P.2d 1379, 1389 (1984) (citations omitted); see also State v. Propios, 76 Hawai'i 474, 477 , 879 P.2d 1057, 1060 (1994); State v. Perham, 72 Haw. 290, 292 , 814 P.2d 914, 915 , reconsideration denied, 72 Haw. 616 , 841 P.2d 1074 (1991); Coolidge v. New Hampshire, 403 U.S. 443, 454-55 , 91 S.Ct. 2022, 2031-32 , 29 L.Ed.2d 564 , reh’g denied, 404 U.S. 874 , 92 S.Ct. 26 , 30 L.Ed.2d 120

1995We have stated that, “[i]f anything is settled in the law of search and seizure, it is that a search without a warrant issued upon probable cause is unreasonable per se[.]” State v. Fields, 67 Haw. 268, 281 , 686 P.2d 1379, 1389 (1984) (citations omitted); see also State v. Propios, 76 Hawai'i 474, 477 , 879 P.2d 1057, 1060 (1994); State v. Perham, 72 Haw. 290, 292 , 814 P.2d 914, 915 , reconsideration denied, 72 Haw. 616 , 841 P.2d 1074 (1991); Coolidge v. New Hampshire, 403 U.S. 443, 454-55 , 91 S.Ct. 2022, 2031-32 , 29 L.Ed.2d 564 , reh’g denied, 404 U.S. 874 , 92 S.Ct. 26 , 30 L.Ed.2d 120

1995We have stated that, “[i]f anything is settled in the law of search and seizure, it is that a search without a warrant issued upon probable cause is unreasonable per se[.]” State v. Fields, 67 Haw. 268, 281 , 686 P.2d 1379, 1389 (1984) (citations omitted); see also State v. Propios, 76 Hawai'i 474, 477 , 879 P.2d 1057, 1060 (1994); State v. Perham, 72 Haw. 290, 292 , 814 P.2d 914, 915 , reconsideration denied, 72 Haw. 616 , 841 P.2d 1074 (1991); Coolidge v. New Hampshire, 403 U.S. 443, 454-55 , 91 S.Ct. 2022, 2031-32 , 29 L.Ed.2d 564 , reh’g denied, 404 U.S. 874 , 92 S.Ct. 26 , 30 L.Ed.2d 120

1995We have stated that, “[i]f anything is settled in the law of search and seizure, it is that a search without a warrant issued upon probable cause is unreasonable per se[.]” State v. Fields, 67 Haw. 268, 281 , 686 P.2d 1379, 1389 (1984) (citations omitted); see also State v. Propios, 76 Hawai'i 474, 477 , 879 P.2d 1057, 1060 (1994); State v. Perham, 72 Haw. 290, 292 , 814 P.2d 914, 915 , reconsideration denied, 72 Haw. 616 , 841 P.2d 1074 (1991); Coolidge v. New Hampshire, 403 U.S. 443, 454-55 , 91 S.Ct. 2022, 2031-32 , 29 L.Ed.2d 564 , reh’g denied, 404 U.S. 874 , 92 S.Ct. 26 , 30 L.Ed.2d 120

2012One [ ] exception [to the warrant requirement] is the inevitable discovery rule adopted by the Hawaii Supreme Court in 1995 in [Lopez, 78 Hawai'i at 433 , 896 P.2d 889 ], 6.

2012One [ ] exception [to the warrant requirement] is the inevitable discovery rule adopted by the Hawaii Supreme Court in 1995 in [Lopez, 78 Hawai'i at 433 , 896 P.2d 889 ], 6.

2019See Won , 137 Hawai'i at 339 n.23, 372 P.3d at 1074 n.23.

2019See Won , 137 Hawai'i at 339 n.23, 372 P.3d at 1074 n.23.

2019Kubo, Jr. presided. 5 We have held repeatedly that exceptions to the warrant requirement are well-recognized and narrowly defined, and generally "provide for those cases where the societal costs of obtaining a warrant, such as danger to law officers or the risk of loss or destruction of evidence, outweigh the reasons for prior recourse to a neutral magistrate." State v. Wallace , 80 Hawai'i 382 , 393, 910 P.2d 695 , 706 (1996) (quoting State v. Clark , 65 Haw. 488 , 493, 654 P.2d 355 , 360 (1982) ). 6 The "absolutely necessary under the circumstances" standard derives from our view that the ri

2019The Search Violated Rodrigues’ Constitutional Rights It is well-established that any warrantless search of a constitutionally protected area is “presumptively unreasonable unless there is both probable cause and a legally recognized exception to the warrant requirement.” State v. Phillips, 138 Hawaii 321, 336, 382 P.3d 133, 148 (2016); State v. Wallace, 80 Hawaii 382, 393, 910 P.2d 695, 706 (1996); State v. Bonnell, 75 Haw. 124, 137 , 856 P.2d 1265, 1273 (1993).

1982See State v. Crowder, supra, and State v. Bennett, supra. In determining whether defendant had a reasonable expectation of privacy when he was arrested at the place where he was working, we adopt the same reasoning used by the courts to determine the reasonableness of a warrantless search, i.e., did the governmental intrusion [the arrest] occur in a place where defendant had a “reasonable expectation of privacy?” Governmental intrusions into matters or activities as to which an individual has shown a reasonable expectation of privacy are subject to the warrant requirement absent exigent circum

1982See State v. Crowder, supra, and State v. Bennett, supra. In determining whether defendant had a reasonable expectation of privacy when he was arrested at the place where he was working, we adopt the same reasoning used by the courts to determine the reasonableness of a warrantless search, i.e., did the governmental intrusion [the arrest] occur in a place where defendant had a “reasonable expectation of privacy?” Governmental intrusions into matters or activities as to which an individual has shown a reasonable expectation of privacy are subject to the warrant requirement absent exigent circum

2010In fact, the Enos court specifically stated: "We are not dealing with an inventoiy search, which involves a different exception to the warrant requirement.” Enos, 68 Haw. at 511 , 720 P.2d at 1014 . 3 .

2010In fact, the Enos court specifically stated: "We are not dealing with an inventoiy search, which involves a different exception to the warrant requirement.” Enos, 68 Haw. at 511 , 720 P.2d at 1014 . 3 .