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9 Hawaii opinions name it 2 courts 1995–2023 1 in the last five years
The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Lopezgreen2 sentences2023In State v. Lopez, 78 Hawai#i 433, 896 P.2d 889 (1995), the supreme court adopted the federal concept of inevitable discovery, stating that "the inevitable discovery exception to the exclusionary rule is a sound principle, which prevents the setting aside of convictions that would have been obtained in the absence of police misconduct." Id. at 451, 896 P.2d at 907 . 2023In State v. Lopez, 78 Hawai#i 433, 896 P.2d 889 (1995), the supreme court adopted the federal concept of inevitable discovery, stating that "the inevitable discovery exception to the exclusionary rule is a sound principle, which prevents the setting aside of convictions that would have been obtained in the absence of police misconduct." Id. at 451, 896 P.2d at 907 . | 6 | 8 |
State v. Silvagreen2 sentences2012See id. at 122 , 979 P.2d at 1147-48 (Acoba J., concurring) (“The contraband was recovered following the arrest on the warrants, and validly so, as incident to arrest under the police version of the events, or pursuant to the inevitable discovery rule under [the defendant's recounting of the episode.”) Hence, we do not find Silva to be controlling in this case. 2012See id. at 122 , 979 P.2d at 1147-48 (Acoba J., concurring) (“The contraband was recovered following the arrest on the warrants, and validly so, as incident to arrest under the police version of the events, or pursuant to the inevitable discovery rule under [the defendant's recounting of the episode.”) Hence, we do not find Silva to be controlling in this case. | 2 | 3 |
cluster 258061green1 sentence2012Lundgren v. Freeman, 307 F.2d 104, 115 (9th Cir.1962). | 1 | 1 |
State v. Elliottgreen2 sentences2011Of course, in such circumstances, the prosecution must "present clear and convincing evidence that any evidence obtained in violation of article I, section 7, would inevitably have been discovered by lawful means before such evidence may be admitted under the inevitable discovery exception to the exclusionary rule." Lopez, 78 Hawai'i at 451 , 896 P.2d at 907 . [2] HRS § 291E-61 provides in relevant part: Operating a vehicle under the Influence of an intoxicant, (a) A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual 2011Of course, in such circumstances, the prosecution must "present clear and convincing evidence that any evidence obtained in violation of article I, section 7, would inevitably have been discovered by lawful means before such evidence may be admitted under the inevitable discovery exception to the exclusionary rule." Lopez, 78 Hawai'i at 451 , 896 P.2d at 907 . [2] HRS § 291E-61 provides in relevant part: Operating a vehicle under the Influence of an intoxicant, (a) A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual | 1 | 1 |
State v. Schroedergreen1 sentence2011See Schroeder, 76 Hawai'i at 518-19, 530 , 880 P.2d at 193-94, 205. [6] The situation in the instant case is distinguishable from one where a police officer attempts to improperly seize a person but observes contraband which the officer would have observed regardless of the attempt to seize. [1] I read the majority's statement that the situation in which a "police officer attempts to improperly seize a person but observes contraband which the officer would have observed regardless of the attempt to seize[,]" majority opinion at 31 n.6, to be merely a recitation of the inevitable discovery rule | 1 | 1 |
State v. Pau'ugreen2 sentences1995See Pau'u, 72 Haw. at 512 , 824 P.2d at 837 (holding that the prosecution failed to meet its burden of showing an "independent source” that induced defendant to confess or waive his constitutional rights). 1995See Pau'u, 72 Haw. at 512 , 824 P.2d at 837 (holding that the prosecution failed to meet its burden of showing an "independent source” that induced defendant to confess or waive his constitutional rights). | 1 | 1 |
State v. Worthygreen2 sentences1995The added protection against governmental “invasions of privacy” in our constitution demands no less. 29 Thus, because we discern wisdom in Justice Brennan’s dissenting opinion, and because we want to ensure that the added protection in the Hawai'i Constitution is not vitiated by a “bad guess,” we require the prosecution to present clear and convincing evidence that any evidence obtained in violation of article I, section 7, would inevitably have been discovered by lawful means before such evidence may be admitted under the inevitable discovery exception to the exclusionary rule. 30 See State 1995The added protection against governmental “invasions of privacy” in our constitution demands no less. 29 Thus, because we discern wisdom in Justice Brennan’s dissenting opinion, and because we want to ensure that the added protection in the Hawai'i Constitution is not vitiated by a “bad guess,” we require the prosecution to present clear and convincing evidence that any evidence obtained in violation of article I, section 7, would inevitably have been discovered by lawful means before such evidence may be admitted under the inevitable discovery exception to the exclusionary rule. 30 See State | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nix v. Williams
green
2 sentences2012The inevitable discovery exception was first adopted by the United States Supreme Court in Nix v. Williams, 467 U.S. 431 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984) (Williams II). 2012The inevitable discovery exception was first adopted by the United States Supreme Court in Nix v. Williams, 467 U.S. 431 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984) (Williams II). | 3 | 1999–2012 |
State v. Paahana
green
2 sentences2012(Citing State v. Paahana, 66 Haw. 499 , 666 P.2d 592 (1983).) Thus, Respondent urges that Officer Williamson’s practice constituted a valid search incident to arrest. 9 Alternatively, Respondent argued that the search was justified under the inevitable discovery exception to the exclusionary rule which provides that evidence recovered from an otherwise illegal search need not be suppressed “if the evidence would have been ‘inevitably discovered’ by the police via lawful means.” (Citing Lopez, 78 Hawai'i at 433 , 896 P.2d at 889 .) Respondent maintained that because all arrestees are subjected 2012(Citing State v. Paahana, 66 Haw. 499 , 666 P.2d 592 (1983).) Thus, Respondent urges that Officer Williamson’s practice constituted a valid search incident to arrest. 9 Alternatively, Respondent argued that the search was justified under the inevitable discovery exception to the exclusionary rule which provides that evidence recovered from an otherwise illegal search need not be suppressed “if the evidence would have been ‘inevitably discovered’ by the police via lawful means.” (Citing Lopez, 78 Hawai'i at 433 , 896 P.2d at 889 .) Respondent maintained that because all arrestees are subjected | 1 | 2012–2012 |
State v. Wheeler
green
2 sentences2011In Wheeler , this court held that the statutory definition of the term "operate,” as used in HRS § 291E-61, "establishes an attendant circumstance of the offense of OVUII, i.e., that the defendant’s conduct occur ‘upon a public way, street, road, or highway!,] ’ ” and was required to be charged. 121 Hawai'i at 392, 219 P.3d at 1179 (quoting HRS § 291E-1 (Supp. 2000)). . 2011Of course, in such circumstances, the prosecution must "present clear and convincing evidence that any evidence obtained in violation of article I, section 7, would inevitably have been discovered by lawful means before such evidence may be admitted under the inevitable discovery exception to the exclusionary rule." Lopez, 78 Hawai'i at 451 , 896 P.2d at 907 . [2] HRS § 291E-61 provides in relevant part: Operating a vehicle under the Influence of an intoxicant, (a) A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual | 1 | 2011–2011 |
State v. Enos
green
2 sentences2010The Circuit Court erred when it concluded, based on State v. Enos, 68 Haw. 509 , 720 P.2d 1012 (1986), that the inevitable discovery rule was inapplicable to this case; 2. 2010The Circuit Court erred when it concluded, based on State v. Enos, 68 Haw. 509 , 720 P.2d 1012 (1986), that the inevitable discovery rule was inapplicable to this case; 2. | 1 | 2010–2010 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.