STATE v. ROY

No. 5333.

510 P.2d 1066 (1973)

STATE of Hawaii, Plaintiff-Appellant, v. Carlton A. ROY, Defendant-Appellee.

Supreme Court of Hawaii.

June 6, 1973.


Attorney(s) appearing for the Case

Christopher J. Roehrig, Deputy Pros. Atty., Hilo (Paul M. De Silva, Pros. Atty., with him on the briefs), for plaintiff-appellant.

John Campbell, Jr., Honolulu, representing the Attorney General, amicus curiae.

Steven K. Christensen, Hilo (Christensen & Clark, Hilo, of counsel), for defendant-appellee.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.


RICHARDSON, Chief Justice.

The question for resolution here is whether evidence obtained by a police officer without a search warrant as a result of the officer misrepresenting his identity and stating his willingness to purchase marijuana, should be suppressed at a pretrial hearing as obtained in violation of the Fourth and Fourteenth Amendments to the United States Constitution and article I, section 5 of the Constitution...

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