Legal Opinion

State v. Giltner

Hawaii Supreme Court

Decided June 19, 1975No. 5659PublishedCited by 31 opinions

1Opinion of the Court

OPINION OF THE COURT BY

MENOR, J.

The defendant [appellant herein] was found guilty of carrying a deadly weapon in violation of HRS § 134-51 (Supp. 1973). He appeals from the judgment and sentence of the district court, alleging that the trial court erred in denying his motion to suppress the use in evidence of a diving-type knife recovered from his person.

We reverse for the reasons that (1) the knife seized was not a “dagger” or a “deadly or dangerous weapon” within the meaning of the statute, and (2) the search and seizure was constitutionally impermissible.

I

HRS § 134-51 (Supp. 1973) provides…

2Cases cited7 opinions

Terry v. OhioSupreme Court of the United States · 1968
Sibron v. New YorkSupreme Court of the United States · 1968
State v. TsukiyamaHawaii Supreme Court · 1974
State v. OnishiHawaii Supreme Court · 1972
State v. RackleHawaii Supreme Court · 1974

2 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

United States v. Donald Edward ClayCourt of Appeals for the Eighth Circuit · 1981
State v. ValentineSupreme Court of New Jersey · 1994
State v. MedeirosHawaii Intermediate Court of Appeals · 1983
State v. KahalewaiHawaii Supreme Court · 1975
State v. BlackmanCourt of Special Appeals of Maryland · 1992

26 more not listed; retrieve them via the Exa API.