Suppression of Evidence Without the Aid of the Fourth, Fifth and Sixth Amendments. 8 HBJ 109.

State v. Sherlock: Police Use of a Controlled Purchase of Contraband to Corroborate an Informant's Tip. 12 UH L. Rev. 237.

State v. Rothman: Expanding the Individual's Right to Privacy Under the Hawaii Constitution. 13 UH L. Rev. 619.

Employee Rights Under Judicial Scrutiny: Prevalent Policy Discourse and the Hawai`i Supreme Court. 14 UH L. Rev. 189.

State v. Quino: The Hawai`i Supreme Court Pulls Out All the "Stops". 15 UH L. Rev. 289.

Criminal Procedure Rights Under the Hawaii Constitution Since 1992. 18 UH L. Rev. 683.

See also notes to U.S. Const. Amends. 1, 4.

Section incorporates the 4th Amendment of the federal constitution and is intended to give the State the benefit of federal decisions construing the language. 45 H. 295, 309, 367 P.2d 499.

State supreme court may extend greater protection than is extended by federal decisions, if deemed appropriate. 50 H. 138, 433 P.2d 593.

Investigative encounter "consensual" only if, prior to start of questioning, person informed of right to decline participation and that person could leave at any time, and person thereafter voluntarily participates. 75 H. 558, 867 P.2d 903.

No violation of defendant’s due process right to a fair trial by prosecution’s refusal to reveal exact dates of confidential informant’s observations as exact dates were not necessary in order for defendant to challenge district court’s findings of probable cause. 88 H. 396, 967 P.2d 228.

Arrest of defendants sunbathing nude on public beach did not violate their right of privacy. 52 H. 226, 475 P.2d 684.

Where government secret agent is invited to private home to purchase marijuana and later goes there and makes purchase, agent's activities do not constitute unreasonable invasion of privacy. 54 H. 513, 510 P.2d 1066.

This provision does not elevate right of privacy to equivalent of First Amendment right. 56 H. 271, 535 P.2d 1394.

Helicopter observation of open marijuana patch was not "an invasion of privacy". 58 H. 412, 570 P.2d 1323.

Words "invasion of privacy" were designed to protect against extensive governmental use of electronic surveillance techniques and undue governmental intrusion into areas of a person's life necessary to insure individuality and human dignity. 58 H. 412, 570 P.2d 1323.

Use by police of ruse to effect voluntary opening of door and subsequent entry without use of force for purpose of executing lawful arrest warrant reasonable under this section. 83 H. 13, 924 P.2d 181.

Use of flashlight by police officer in scanning interior of automobile lawfully stopped for traffic offense is not per se unreasonable search and seizure. 50 H. 461, 443 P.2d 149.

Scope of search incident to lawful arrest; can be no broader than necessary; in construing Hawaii constitution, need not follow U.S. supreme court (U.S. v. Robinson, 94 S CT 467 and Gustafson v. Florida, 94 S CT 488). 55 H. 361, 520 P.2d 51.

Scope of pre-incarceration search. 55 H. 361, 520 P.2d 51.

Warrantless search and seizure of property in area open to public not unreasonable; in area not open to public unreasonable absent exigent circumstances. 60 H. 197, 587 P.2d 1224.

Elements of legitimate expectation of privacy. 61 H. 117, 596 P.2d 773.

Pre-incarceration search is justified. 61 H. 291, 602 P.2d 933.

Stop and frisk, justified. 63 H. 553, 632 P.2d 1064.

Warrantless search. Exigent circumstances lacking. 63 H. 553, 632 P.2d 1064.

Procedural requirements for seizure of materials in obscenity prosecutions. 63 H. 596, 634 P.2d 80.

Standard for suppression of evidence where seizure violated freedom of speech or expression. 63 H. 596, 634 P.2d 80.

City policy requiring inspection prior to entering concert, of all containers or clothing capable of concealing bottles or cans held unreasonable. 64 H. 17, 635 P.2d 946.

Illegal arrest or seizure of evidence, without more, does not bar prosecution. Exclusion of tainted evidence is appropriate remedy; purchase of allegedly obscene material from "willing sellers" by private citizen under police direction prior to arrest was actually "preconceived seizure" designed to evade warrant procedures; warrantless arrest for promoting pornography and seizure of material cannot be premised on ad hoc determination by police officer that material was obscene. 64 H. 109, 637 P.2d 1095.

Evidence inadequate to support probable cause for issuance of warrant. 64 H. 399, 641 P.2d 1341.

No reasonable expectation of privacy in conversation recorded by participant. 64 H. 659, 649 P.2d 346; 67 H. 197, 682 P.2d 79; 67 H. 307, 686 P.2d 816.

No reasonable expectation of privacy shown. 65 H. 22, 649 P.2d 363; 65 H. 159, 649 P.2d 737.

In order to conduct the more intrusive body searches in nonemergency, noncontact visit situations, prison officials must have reasonable basis to conclude that contraband is being concealed by inmates on their person. 66 H. 21, 656 P.2d 1330.

Based on record, defendant did not abandon bag and therefore warrantless search was unconstitutional. 66 H. 543, 669 P.2d 152.

Any co-inhabitant of commonly held property has right to consent to search of property; no expectation of privacy in property abandoned; abandonment primarily a question of intent. 67 H. 644, 701 P.2d 171.

Reasonable expectation of privacy in trash bags. 67 H. 658, 701 P.2d 1274.

Warrantless seizure of album for ten days to install beeper was unreasonable. 68 H. 213, 708 P.2d 820.

Use of binoculars to observe activities in open view in automobile not unreasonable; warrantless search of handbag in automobile was unreasonable. 68 H. 221, 708 P.2d 825.

Under the facts, warrantless search held not justified by "exigent circumstances" and not "incident to arrest". 68 H. 253, 710 P.2d 1197.

Police must have reasonable basis to believe crime committed to order driver out of car after traffic stop. 68 H. 286, 711 P.2d 1291.

Reasonable expectation of privacy in closed public toilet stall; no probable cause to search stall. 68 H. 404, 716 P.2d 493.

Warrantless search of defendant beyond protective search for weapons was unreasonable, where there was no evidence to indicate defendant had contraband or instrumentalities of the crime. 68 H. 509, 720 P.2d 1012.

Warrantless seizure for thirty minutes was not unreasonable or avoidable where police were informed of criminal activity ten minutes prior to the seizure. 69 H. 132, 736 P.2d 438.

Airport searches, discussed. 69 H. 589, 752 P.2d 102.

Search warrant was valid although informant had no history of reliability because other corroborated information indicated informant was reliable. 70 H. 271, 768 P.2d 1290.

Warrant was considered a general warrant. 70 H. 546, 779 P.2d 1.

Not violated by police drug testing program. 71 H. 568, 799 P.2d 953.

Warrant to search multiple occupancy dwelling was reasonable. 71 H. 638, 802 P.2d 478.

Affidavit which contained misstated and omitted information was insufficient to show probable cause to justify a search warrant. 72 H. 141, 808 P.2d 848.

Warrantless search of contents of wallet after defendant surrendered it for inventory was unreasonable. 72 H. 290, 814 P.2d 914.

Constitutional right was not voluntarily waived by defendant's consent to search car where waiver was predicated on prior illegal search and State failed to meet burden of showing that taint of illegal search had been dissipated or that there was an independent source inducing defendant to waive right. 72 H. 505, 824 P.2d 833.

Although no force was used, officers' show of authority and questioning constituted seizure under Hawaii Constitution. 74 H. 161, 840 P.2d 358.

District court’s findings of fact, conclusions of law, and suppression orders affirmed, where, inter alia, defendants had actual, subjective expectations of privacy that society would recognize as objectively reasonable that they would not be objects of covert video surveillance in employee break room, and recorded observations of activities in the break room were not obtained by third party consent. 75 H. 124, 856 P.2d 1265.

Seizure occurs when police approach a person for the express or implied purpose of investigating that person for possible criminal violations and begins to ask for information. 75 H. 558, 867 P.2d 903.

Children in school have legitimate expectations of privacy that are protected by this section and the Fourth Amendment to the U.S. Constitution. 77 H. 435, 887 P.2d 645.

High school principal's search of student's purse was lawfully conducted. 77 H. 435, 887 P.2d 645.

Investigative stop can be justified based on objectively reasonable suspicion of any offense, provided that the offense for which reasonable suspicion exists is related to offense articulated by officer involved. 78 H. 86, 890 P.2d 673.

Where handgun on floor of defendant’s truck under corner of driver’s seat was observed in plain view, presence of exigent circumstances was not required to justify a warrantless seizure. 78 H. 308, 893 P.2d 159.

Defendants were induced to make inculpatory statements and to consent to search of their hotel room in violation of article I, §§7 and [10] of Hawai`i constitution. 78 H. 433, 896 P.2d 889.

In order for a consent to search to be valid under this section, the individual consenting must actually possess the authority to do so; detective’s search of defendants’ house violated this section. 78 H. 433, 896 P.2d 889.

Clear plastic packets not "closed" containers as contents were within plain view of officer conducting search under warrant; defendant thus could not claim any reasonable expectation of privacy in the packets' contents. 80 H. 382, 910 P.2d 695.

Obtaining warrant as precondition to testing suspected cocaine in clear plastic bags unnecessary where defendant could not have reasonable expectation of privacy in clear plastic bags. 80 H. 382, 910 P.2d 695.

Valid search incident to lawful arrest where there was probable cause to make an arrest prior to and independent of search of defendant's pants, search was limited to finding narcotics bindles, and arrest was made immediately after search. 80 H. 419, 910 P.2d 732.

Determination of probable cause for issuance of search warrant warrants de novo review on appeal. 81 H. 113, 913 P.2d 39.

Upon de novo review, based on facts set forth in officer's affidavit, probable cause existed to issue search warrant. 81 H. 113, 913 P.2d 39.

Defendant lacked standing to challenge seizure of search warrant evidence where evidence seizure did not violate defendant's personal rights; defendant was not owner of any of items seized and did not allege any reasonable expectation of privacy in items. 82 H. 474, 923 P.2d 891.

No "seizure" where private individual, acting on own initiative, secured videotape and voluntarily transferred possession to police. 82 H. 474, 923 P.2d 891.

Drug evidence admissible and wrongly suppressed where police intrusion into hotel room pursuant to valid arrest warrant was justified and evidence seizure was permissible under plain view doctrine. 83 H. 13, 924 P.2d 181.

"Totality of the circumstances test" correct test to determine whether private individual's search and seizure of evidentiary items was as a government agent, and subjective motivation of individual irrelevant to this determination. 83 H. 124, 925 P.2d 294.

Circuit court erred in granting defendants' motion to suppress evidence where none of the three rationales for exclusionary rule--judicial integrity, individual privacy, and deterrence--supported suppression of evidence in case. 83 H. 187, 925 P.2d 357.

Provisions of chapter 803, part IV and this section not relevant to question of legality of electronic eavesdropping activities conducted in California. 83 H. 187, 925 P.2d 357.

Warrantless seizure justified where witness' identification of defendant as person who terrorized witness with gun gave officers probable cause to believe defendant committed a crime and officer's observation of defendant sleeping with gun in immediate reach presented sufficient exigent circumstances for officer to board boat and seize gun. 83 H. 229, 925 P.2d 797.

Based on totality of circumstances, officer placed defendant in inherently coercive position by asking "pretexual" questions specifically designed to elicit responses that would either vindicate or implicate defendant; consent to "pat down" was thus not "voluntary and uncoerced". 83 H. 250, 925 P.2d 818.

Officer lacked specific and articulable facts sufficient to warrant a person of reasonable caution in believing that defendant was engaged in criminal activity; officer was thus unjustified in initiating investigative "encounter" at airport with defendant. 83 H. 250, 925 P.2d 818.

Where officer's questions were designed to investigate defendant for drug possession and defendant was expressly made aware of that from the outset, defendant had been effectively seized by the time officer asked "to take a look" at defendant's airline ticket and driver's license. 83 H. 250, 925 P.2d 818.

Where nothing in objective facts available to police at time they obtained search warrant for house suggested defendant's bedroom was separate residential unit completely secured against access by other dwelling occupants, search warrant not overbroad and search of bedroom reasonable. 84 H. 462, 935 P.2d 1007.

Where no exigent circumstances existed, forced entry by police two seconds after knock and announcement was insufficient to give occupants reasonable opportunity to respond. 85 H. 282, 943 P.2d 908.

Defendant not victim of unlawful seizure where, under totality of circumstances, reasonable person would have felt free to terminate encounter by refusing to accompany police and return into home. 86 H. 195, 948 P.2d 1036.

Where defendant voluntarily offered to accompany police to station and walked to and entered van voluntarily, even if there was a "seizure", seizure was with defendant's consent. 86 H. 195, 948 P.2d 1036.

Police may not prolong the detention of individuals subjected to brief, temporary investigative stops, once such stops have failed to substantiate the reasonable suspicion that initially justified them, solely for the purpose of performing a check for outstanding warrants. 91 H. 80, 979 P.2d 1106.

Warrant to search premises does not authorize search of identified possessions of visitors present during execution of warrant; defendant had reasonable expectation of privacy in plastic beach bag on floor near defendant. 5 H. App. 29, 677 P.2d 471.

Investigatory stop justified by circumstances. 5 H. App. 127, 681 P.2d 573.

Reasonable for police officers to order defendant to exit automobile based upon totality of circumstances. 7 H. App. 28, 742 P.2d 388.

Suspicionless drug testing of firefighters by urinalysis in conjunction with annual physical examination is not an unreasonable search. 8 H. App. 571, 816 P.2d 306.

Reasonable for police officer to assume that personal property of non-resident of premises being searched under search warrant was property of premises where there was no notice of ownership. 8 H. App. 610, 822 P.2d 23.

Warrantless seizure of defendant at sobriety roadblock was unreasonable where State failed to prove that officer in charge had authority to move roadblock's location due to traffic congestion. 9 H. App. 98, 825 P.2d 1068.

Section 803-37 violates Hawai`i constitution to the extent that it permits the police to break into the place to be searched if "bars" to their entrance are not immediately opened. 77 H. 461 (App.), 887 P.2d 671.

In situations where defendant was the focus of a narcotics investigation, was seized illegally, had defendant’s bag detained for a canine narcotics screening, and had defendant’s subsequent movements secured by the police pending completion of the screening, a reasonable person would believe he or she was not free to leave. 78 H. 475 (App.), 896 P.2d 931.

Insofar as indictment related to resisting arrest charge, indictment could not be treated as a "product or fruit" of any illegal seizure or arrest of defendant. 78 H. 475 (App.), 896 P.2d 931.

Seizure violated reasonable seizure requirement in this section because defendant was initially seized without probable cause, without reasonable suspicion, and without defendant's consent. 78 H. 475 (App.), 896 P.2d 931.

Officer's order for defendant to exit vehicle was unlawful; thus, subsequent plain view of, search for, and seizure of incriminating evidence was tainted and should have been suppressed. 80 H. 75 (App.), 905 P.2d 50.

Probable cause existed for issuance of warrant based on officer's affidavit that relied on police investigation as well as on informant's information. 81 H. 29 (App.), 911 P.2d 1101.

Where warrant only authorized search of specific room of business and another subsequently discovered room of business separated by a hallway and other numbered and unnumbered rooms was also searched, other room was not within scope of warrant and constituted illegal search. 82 H. 162 (App.), 920 P.2d 376.

Evidence found in defendant's living room illegally seized where no exigent circumstances or search warrant to enter living room and person consenting to police entering living room did not have "actual authority" to consent. 82 H. 394 (App.), 922 P.2d 1007.

Hawaii constitution does not permit validation of searches pursuant to search warrants that are facially expired when the searches are made. 83 H. 87 (App.), 924 P.2d 581.

Where defendant was seated in driver’s seat of parked car, key was in ignition and engine was not running, defendant was "seized" when officer asked defendant for driver’s license, vehicle registration card, and vehicle reconstruction permit. 87 H. 487 (App.), 960 P.2d 157.

Where Hawaii county did not require posting of reconstructed vehicle permit decal on vehicle and no evidence that defendant actually operated vehicle, officer’s suspicion that defendant operated a reconstructed vehicle without a valid permit was not reasonable; thus, evidence of DUI and no reconstruction permit was illegally obtained through a warrantless seizure. 87 H. 487 (App.), 960 P.2d 157.

Where State established by clear and convincing evidence that contents of defendant’s pockets would have been revealed in an inventory search of defendant upon arrival and booking at police station, drug pipe and packet properly admitted under the inevitable discovery exception to the exclusionary rule. 91 H. 111 (App.), 979 P.2d 1137.

Mentioned: 53 H. 327, 493 P.2d 306.

Cited: 56 H. 366, 537 P.2d 8.

Electronic surveillance. 81-2 HLR 810715.

Photographs and videotapes. 81-2 HLR 810715.