State v. Jenkins

OPINION OF THE COURT BY

LUM, J.

This is an appeal by the State of Hawaii from an order of the circuit court suppressing the State’s use as evidence in its prosecution against the defendant contraband drugs discovered by the police in a knapsack belonging to the defendant. The circuit court had held that the search of the knapsack was unconstitutional. The State urges error by the trial court on two grounds: Since the knapsack was recovered by the police during a legal search of an automobile in which defendant was a passenger, the automobile exception to the warrant requirement under the…