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IN THE SUPREME COURT OF THE STATE OF HAWAI#I

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STATE OF HAWAI#I, Plaintiff-Appellant, vs. KENNY HARADA, FAAVESI SAVE, and GLENN AOKI, Defendants-Appellees

NO. 22356

APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 98-2409)

FEBRUARY 25, 2002

MOON, C.J., LEVINSON, AND NAKAYAMA, JJ.; RAMIL, J., DISSENTING; AND ACOBA, J., CONCURRING IN PART AND DISSENTING IN PART

OPINION OF THE COURT BY MOON, C.J. Plaintiff-appellant State of Hawai#i (the prosecution) appeals the first circuit court's1 grant of defendant-appellee Kenny Harada's motion to suppress evidence, in which codefendants-appellees Faavesi Save and Glen Aoki joined [hereinafter, defendants' motion to suppress]. On appeal, the

prosecution essentially contends that: (1) the trial court erred

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The Honorable Francis Q. F. Wong presided over Harada's motion to

suppress.

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when it concluded that the Honolulu Police Department (HPD) officers' use of force to prevent Harada from closing his door, without demanding entry, constituted an unlawful breaking, in violation of the "knock and announce" requirements of Hawai#i Revised Statutes (HRS)

Download State v. Harada. Dissenting Opinion by J. Ramil.pdf

Hawaii Law