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STATE v. WARD

No. 6790.

617 P.2d 568 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. Michael Patrick WARD and Gilbert Madrid, Defendants-Appellants, and Ernest Keuma, Defendant.

Supreme Court of Hawaii.

September 24, 1980.

Attorney(s) appearing for the Case

Brook Hart, Honolulu (Peter C. Wolff, Jr., Honolulu, with him on the reply brief, Hart, Leavitt & Hunt, Honolulu, of counsel), for defendants-appellants.

Arthur E. Ross, Deputy Pros. Atty., Honolulu (Faye M. Koyanagi, Deputy Pros. Atty., Honolulu, on the brief), for plaintiff-appellee.

Before RICHARDSON, C.J., OGATA, MENOR, and LUM, JJ., and KOBAYASHI, Retired Justice, assigned by reason of vacancy.

LUM, Justice:

This is an appeal by defendants-appellants Michael Patrick Ward and Gilbert Madrid, who were convicted by a circuit court jury for carrying firearms on their persons without permits.1 They contend that the trial court erred in denying their pre-trial motions to suppress incriminating evidence collected by the police through a warrantless telescopic search. The substance of their contention is that the police, without probable...

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