[Download] "State v. Jenkins" by Hawaii Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Jenkins
• Author : Hawaii Supreme Court
• Release Date : January 07, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

This is an appeal by the State of Hawaii from an order of the circuit court suppressing the States use as evidence in its prosecution against the defendant contraband drugs discovered by the police in a knapsack belonging to the defendant. The circuit court had held that the search of the knapsack was unconstitutional. The State urges error by the trial court on two grounds: Since the knapsack was recovered by the police during a legal search of an automobile in which defendant was a passenger, the automobile exception to the warrant requirement under the constitution permitted the police to search the knapsack without a warrant. Because the defendant had already been arrested for possession of marijuana, the search of the knapsack was incidental to his arrest. Having examined the arguments of the State, we reject both arguments and uphold the order of the lower court.

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