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5 Hawaii opinions name it 2 courts 1988–2019 0 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. Kalunagreen2 sentences2019See id. at 353 n.45, 372 P.3d at 1088 n.45 (citing State v. Kaluna , 55 Haw. 361 , 367, 369-70, 520 P.2d 51 , 57-59 (1974) ). 2019See id. at 353 n.45, 372 P.3d at 1088 n.45 (citing State v. Kaluna , 55 Haw. 361 , 367, 369-70, 520 P.2d 51 , 57-59 (1974) ). | 2 | 2 |
State v. Yong Shik Wongreen2 sentences2019See 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. | 2 | 2 |
State v. Paahanagreen2 sentences2018The Hawai'i Supreme Court stated: The search incident to arrest exception is also inapplicable as it is "limited in scope to a search of the arrestee's person and the area within his immediate control from which he could obtain a weapon or destroy evidence." State v. Paahana , 66 Haw. 499 , 506, 666 P.2d 592 , 597 (1983) (internal quotation mark omitted). 2018The Hawai'i Supreme Court stated: The search incident to arrest exception is also inapplicable as it is "limited in scope to a search of the arrestee's person and the area within his immediate control from which he could obtain a weapon or destroy evidence." State v. Paahana , 66 Haw. 499 , 506, 666 P.2d 592 , 597 (1983) (internal quotation mark omitted). | 1 | 2 |
State v. Clarkgreen2 sentences2015The search incident to arrest exception is also inapplicable as it is “limited in scope to a search of the arrestee's person and the area within his immediate control from which he could obtain a weapon or destroy evidence.” State v. Paahana, 66 Haw. 499, 506 , 666 P.2d 592, 597 (1983) (internal quotation mark omitted). "[T]he exception for searches incident to a lawful arrest 'implies the exigent circumstances of imminent danger to the arresting officer or others and of imminent concealment or destruction of evidence or the fruits of the crime from the circumstances of a lawful arrest.' " Id. 2015The search incident to arrest exception is also inapplicable as it is “limited in scope to a search of the arrestee's person and the area within his immediate control from which he could obtain a weapon or destroy evidence.” State v. Paahana, 66 Haw. 499, 506 , 666 P.2d 592, 597 (1983) (internal quotation mark omitted). "[T]he exception for searches incident to a lawful arrest 'implies the exigent circumstances of imminent danger to the arresting officer or others and of imminent concealment or destruction of evidence or the fruits of the crime from the circumstances of a lawful arrest.' " Id. | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Yong Shik Won
green
1 sentence2015As noted, McNeely held that the natural metabolization of alcohol does not qualify as a per se exigency, and the record indicates no other exigency that necessitated the breath test. - 20 - ***FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER*** legislature could have made that consent irrevocable, id.; and the purpose of the implied consent statute would be defeated if a driver could freely withdraw his or her consent, id. at 79, 332 P.3d at 681 . | 1 | 2015–2015 |
State v. Rosborough
green
2 sentences1988Id. at 243-45 , 615 P.2d at 88 . 1988Id. at 243-45 , 615 P.2d at 88 . | 1 | 1988–1988 |
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.