State v. Phillips

OPINION OF THE COURT BY

NAKAMURA, J.

Gregg B. Phillips was convicted in the District Court of the First Circuit of carrying a loaded firearm in a vehicle on a public highway in violation of Hawaii Revised Statutes (HRS) § 134- 6 and of carrying a deadly weapon concealed within a vehicle occupied by him in violation of HRS § 134- 51, and he appeals. The dispositive question is whether the warrantless search of his vehicle and the seizure of the firearm were valid. Concluding the search was conducted without probable cause, we vacate the convictions and remand the cases to the district court.

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