Legal Opinion

State v. Eleneki

Hawaii Supreme Court

Decided December 22, 2004No. 25167PublishedCited by 16 opinions

1Opinion of the Court

Opinion of the Court by

ACOBA, J.

We hold that the police stop of Defendant-Appellant Jasmine Eleneki (Eleneki) was unlawful under Article I, Section 71 of the Hawai'i State Constitution, and therefore everything seized thereafter from her vehicle should have been suppressed. State v. Bonds, 59 Haw. 130, 138, 577 P.2d 781, 787 (1978) (stating where “[t]he stop of the vehicle constituted an unreasonable seizure!,] ... the evidence so obtained was inadmissible”). Because such evidence was illegally seized, we vacate the April 18, 2002 judgment of conviction of the circuit court of the second…

2Cases cited15 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Whren v. United StatesSupreme Court of the United States · 1996
  3. United States v. CortezSupreme Court of the United States · 1981
  4. Illinois v. WardlowSupreme Court of the United States · 2000
  5. People v. SpencerNew York Court of Appeals · 1995

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3Cited by16 opinions

  1. State v. SpillnerHawaii Supreme Court · 2007
  2. State v. HeapyHawaii Supreme Court · 2007
  3. State v. Tsujimura.Hawaii Supreme Court · 2017
  4. State v. KoliaHawaii Intermediate Court of Appeals · 2007
  5. State v. IwatateHawaii Intermediate Court of Appeals · 2005

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