5 Hawaii opinions name it 2 courts 2003–2020 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. Davenportgreen2 sentences2016Under this test, the affidavit must contain some of the underlying circumstances from which the informant concluded that the narcotics were where he claimed they were, and some of the underlying circumstances from which the officer concluded that the informant, whose identity need not be disclosed, was “credible” or his information “reliable.” Id. (block format altered) (emphasis and ellipsis omitted) (quoting State v. Davenport, 55 Haw. 90, 93 , 516 P.2d 65, 68 (1973)). 2016Under this test, the affidavit must contain some of the underlying circumstances from which the informant concluded that the narcotics were where he claimed they were, and some of the underlying circumstances from which the officer concluded that the informant, whose identity need not be disclosed, was “credible” or his information “reliable.” Id. (block format altered) (emphasis and ellipsis omitted) (quoting State v. Davenport, 55 Haw. 90, 93 , 516 P.2d 65, 68 (1973)). | 2 | 2 |
Spinelli v. United Statesred2 sentences2020When hearsay is relied upon to establish probable cause, however, the courts apply the two prong test in Aguilar v. Texas, 378 U.S. 108 (1964), and expounded upon in Spinelli v. United States, 393 U.S. 410 (1969). 2016A. Anonymous Tip Quiday argues that the anonymous tip on which Officer Hanawahine acted was insufficient to support the issuance of a search warrant because Officer Hanawahine’s affidavit in support of the State’s request for a search warrant did not contain (1) the underlying circumstances from which the informant concluded narcotics were where the informant claimed they were or (2) the underlying circumstances from which Officer Hanawahine concluded the informant was credible and the informant’s information was reliable. “[W]hen hearsay, such as an anonymous tip, is used to establish probabl | 1 | 4 |
State v. Jenkinsgreen2 sentences2012In Jenkins, this court clarified the state of mind required to establish possession of an item and set out a two- prong analysis for determining the voluntariness of “possession” under HRS § 134-7(b): (1) the voluntary act of “possession” of an object itself is, by way of HRS § 702-202, satisfied where an individual acts knowingly with respect to his or her conduct; and (2) the requisite state of mind with respect to the attendant circumstances--i.e., the particular qualities of the object that make it illegal to possess it--is, by way of HRS § 702- 204, satisfied by a reckless state of mind. 2012Thus, to meet the first part of the test, “the prosecution must first adduce evidence that the defendant knowingly procured or received an object, or was aware of his or her control of that object for a sufficient period to have terminated possession.” Id. (citing HRS § 702-202). | 1 | 1 |
State v. Decanogreen2 sentences2003See, generally, Decano, 60 Haw. at 210 , 588 P.2d at 913-14 . 2003See, generally, Decano, 60 Haw. at 210 , 588 P.2d at 913-14 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Aguilar v. Texas
red
2 sentences2020When hearsay is relied upon to establish probable cause, however, the courts apply the two prong test in Aguilar v. Texas, 378 U.S. 108 (1964), and expounded upon in Spinelli v. United States, 393 U.S. 410 (1969). 2016A. Anonymous Tip Quiday argues that the anonymous tip on which Officer Hanawahine acted was insufficient to support the issuance of a search warrant because Officer Hanawahine’s affidavit in support of the State’s request for a search warrant did not contain (1) the underlying circumstances from which the informant concluded narcotics were where the informant claimed they were or (2) the underlying circumstances from which Officer Hanawahine concluded the informant was credible and the informant’s information was reliable. “[W]hen hearsay, such as an anonymous tip, is used to establish probabl | 4 | 2003–2020 |
State v. Detroy
green
1 sentence2016A. Anonymous Tip Quiday argues that the anonymous tip on which Officer Hanawahine acted was insufficient to support the issuance of a search warrant because Officer Hanawahine’s affidavit in support of the State’s request for a search warrant did not contain (1) the underlying circumstances from which the informant concluded narcotics were where the informant claimed they were or (2) the underlying circumstances from which Officer Hanawahine concluded the informant was credible and the informant’s information was reliable. “[W]hen hearsay, such as an anonymous tip, is used to establish probabl | 1 | 2016–2016 |
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.