Legal Opinion · Dissent

State v. Dawson

Hawaii Intermediate Court of Appeals

Decided May 1, 2009No. 28406Published

1Dissent

Dissenting Opinion by

FOLEY, P.J.

I respectfully dissent.

On appeal, Dawson asserts that the “existence of a ‘possible warrant’ did not constitute reasonable suspicion enabling the police to detain Dawson” and, thus, the circuit court “erred in denying Dawson’s motion to suppress the pipe containing residue which the police observed during his illegal detention.” Dawson contends that in the circuit court’s January 16, 2007 Order Denying the Motion by Defendant Dawson to Suppress Evidence and Statements (Order), Findings of Fact (FOF(s)) 1, 4, and 5 were clearly erroneous, and portions of the…

2Cases cited13 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. Miguel SandovalCourt of Appeals for the Tenth Circuit · 1994
  3. United States v. Lenin M. Jerez and Carlos M. SolisCourt of Appeals for the Seventh Circuit · 1997
  4. State v. FukusakuHawaii Supreme Court · 1997
  5. State v. GoudyHawaii Supreme Court · 1971

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