State v. Eleneki

Opinion of the Court by

NAKAYAMA, J.

Petitioner-appellant State of Hawai'i (the prosecution) applies to this court for a writ of certiorari to review the opinion of the Intermediate Court of Appeals (ICA) in State v. Eleneki 92 Hawai'i 688, 994 P.2d 620 (App.1999) (mem.op.) [hereinafter, the “ICA’s opinion”], affirming the circuit court’s findings of fact, conclusions of law, and order granting the defendant’s motion to suppress the evidence seized pursuant to a search warrant. The prosecution argues that the ICA erred in affirming the order because: (1) the door was already open when the…