State v. Diaz

Dissenting Opinion of

ACOBA, J.

While the majority now apparently agrees with the position herein—that the execution of a search warrant in this case must be subjected to a constitutionally reasonable standard,1—I dissent from the holding that police need not demand entry prior to entering a closed interior door. I believe the right of Defendant-Appellant Alicia Diaz (Defendant) to be free from unreasonable searches under article 1, section 7 of the Hawai'i Constitution was violated when the police, without expressly demanding entry, broke through a locked interior office door into the area…