 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Reed10/21/1988
d to temporarily seize what he felt, to remove it from Appellant's pocket, or to examine it.
Reed , dissenting op. at 3-4 (emphasis added).
We agree that additional factfinding is necessary to resolve this ambiguity. We accordingly direct the trial court on remand to specifically
take more evidence and issue findings plus conclusions on this matter. See State v. Anderson , 67 Haw. 513, 693 P.2d 1029 (1985).
And should the seizure of the Tylenol bottle be deemed proper, we further charge the trial court to inquire into the particular circumstances surrounding the initial warrantless opening of the bottle and whether the inventory search exception applies. See State v. Ching , 67 Haw. 107, 678 P.2d 1088 (1984).
V.
Conclusion
Based on the foregoing reasoning and pursuant to the ICA dissenting opinion, we hereby affirm the switchblade knife possession conviction, vacate the conviction for the promotion of drugs, and remand the case for proceedings consistent with this decision plus the rule governing the per se reasonableness of warrantless searches incident to a valid arrest. See State v. Paahana , 66 Haw. 499, 666 P.2d 592 (1983).
Page 1 2 3 4 5 6 Hawaii DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|