State v. Meyer

MOON, Chief Justice.

In this interlocutory appeal, plaintiff-appellant State of Hawai'i (the prosecution) appeals from the findings of fact (FOF), conclusions of law (COL), and order granting, in part, and denying, in part, defendant-appel-lee Gary Meyer’s motion to suppress evidence. The prosecution challenges the circuit court’s suppression of a handgun seized by the police on the ground that no exigent circumstances were present to justify the warrantless seizure. For the reasons discussed herein, we hold that, where the evi dence in question was observed in “plain view,” the presence of…