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STATE v. DAWSON

No. 28406.

205 P.3d 628 (2009)

STATE of Hawai`i, Plaintiff-Appellee, v. Edward S. DAWSON, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

As Corrected May 1, 2009.

Attorney(s) appearing for the Case

Phyllis J. Hironaka, Deputy Public Defender, on the briefs, for Defendant-Appellant.

Brian R. Vincent, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellee.

NAKAMURA and FUJISE, JJ., and FOLEY, Presiding Judge, Dissenting.

Opinion of the Court by NAKAMURA, J.

A computer check for warrants revealed an outstanding warrant for Defendant-Appellant Edward S. Dawson (Dawson). Upon encountering Dawson, a police officer detained Dawson for a few minutes to confirm that the physical paper warrant was still in the files of law enforcement. During this detention, the officer observed Dawson remove a glass pipe, commonly used to smoke crystal methamphetamine, from Dawson's pocket and place it in...

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