State v. Quiday

Amended dissenting and concurring opinion by

FUJISE, J.

It is well settled that an area in which an individual has a reasonable expectation of privacy is protected by the fourth amendment of the United States Constitution and by article 1, § 7 of the Hawai'i Constitution and cannot be searched without a warrant. Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967); State v. Wong, 68 Haw. 221, 708 P.2d 825 (1985); State v. Stachler, 58 Haw. 412, 570 P.2d 1323 (1977).

State v. Biggar, 68 Haw. 404, 407, 716 P.2d 493, 495 (1986). However, it is also

well established that the…