Legal Opinion
Awaya v. State
Hawaii Intermediate Court of Appeals
Decided May 8, 1985No. 9883; S.P. NO. 6183PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT BY
HEEN, J.
The State of Hawaii and the City and County of Honolulu (State) appeal from the Decision and Order of the court below granting plaintiff Arthur Awaya’s (Awaya) motion for the return of certain money and jewelry taken from apartment no. 1709, 2499 Kapiolani Boulevard (The Apartment) in execution of a search warrant. We hold that the trial court erred in ordering the money returned but was correct in doing so as to the jewelry. On remand the court below must decide whether the government should be allowed to retain the money, or whether it should be returned to…
2Cases cited18 opinions
- Marron v. United StatesSupreme Court of the United States · 1927
- United States v. Premises Known as 608 Taylor Ave., Apartment 302, Pittsburgh, Pennsylvania Appeal of Harold MargolisCourt of Appeals for the Third Circuit · 1978
- Mr. Lucky Messenger Service, Inc. v. United States of AmericaCourt of Appeals for the Seventh Circuit · 1978
- United States v. David John OdlandCourt of Appeals for the Seventh Circuit · 1974
- State v. DavenportHawaii Supreme Court · 1973
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. RoweCourt of Appeals of Utah · 1991
- Taylor v. StateWyoming Supreme Court · 2000
- State v. BurnsideIdaho Court of Appeals · 1987
- State v. DavisCourt of Appeals of Utah · 1989
- Carlisle ex rel. State v. Ten Thousand Four Hundred Forty-Seven Dollars in United States Currency ($10,447.00)Hawaii Supreme Court · 2004
3 more not listed; retrieve them via the Exa API.