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State v. Kim12/23/1985
nstitution. Wyatt, 67 Haw. at , 687 P.2d at 549. Though in limited situations police officers who suspect criminal activity may make minor intrusions into a person's privacy rights based on less than probable cause, Terry v. Ohio, 392 U.S. 1, 19 (1968), there must be an articulable basis for suspecting criminal activity. Wyatt, 67 Haw. at , 687 P.2d at 552.
Here, the trial court found Officer Boyd had no articulable basis to order Kim out of the car and ruled the traffic stop, of itself, provided sufficient justification for Officer Boyd's actions. Because the trial court denied the motion to suppress based on an incorrect reading of our holding in Wyatt, we reverse the convictions against Kim and order the suppression of all evidence obtained after Officer Boyd illegally ordered Kim out of the car. An invalid search or seizure is not subsequently validated by what it produces. See, State v. Phillips, 67 Haw. 535, , 696 P.2d 346, 351 (1985).
Reversed and remanded.
Disposition
Reversed and remanded.
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