State v. Phillips.

CONCURRING AND DISSENTING OPINION BY

NAKAYAMA, J.,

IN WHICH RECKTENWALD, C.J., JOINS

This appeal concerns the admissibility of a hammer found in plain view in Defendant Lincoln Phillips’ (Phillips) garage, the admissibility of bloody clothing that Phillips secreted in a trash can inside his garage, and the propriety of the Circuit Court of the First Circuit’s (circuit court) restitution order. I would hold that Phillips consented to an initial search of his garage when he called 911 and admitted first responders into his home. This view follows the unanimous approach taken by state appellate…