State v. Garcia

AC OB A, Judge.

Defendant-Appellant Charlemagne Laeara Garcia (Defendant) appeals his conviction and the order denying his motion to suppress evidence. He argues that the police illegally executed a warrant to search his apartment because they failed to demand entry in compliance with the requirements of Hawaii Revised Statutes (HRS) § 803-37 (1985). Alternatively, he claims that the statute violates the Constitution of the State of Hawaii because it authorized the police to break open the door to his apartment when it was not immediately opened.

We agree with Defendant and therefore reverse…