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Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings
Loaded on Feb. 18, 2020
by Douglas Ankney
published in Criminal Legal News
March, 2020, page 24
Filed under:
Search warrants.
Location:
Hawaii.
by Douglas Ankney
The Supreme Court of Hawai’i agreed with a circuit court’s finding that a search warrant failed to satisfy the particularity requirement of article I, § 7 of the Hawai’i Constitution and vacated the judgment of the Intermediate Court of Appeals (“ICA”) that had reversed the decision of ...
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More from this issue:
- News in Brief
- Federal Rules Limit Searches of Private DNA Databases, by Jayson Hawkins
- Unsurprisingly Lenient Sentence for Rapist Cop, by Anthony Accurso
- Kim Kardashian Keeps Going, Helps Release D.C. Prisoner, by Dale Chappell
- Court Rulings Condemning Cash Bail Systems Increasing, by Edward Lyon
- More Crooked Cops in New York City Make the Naughty List, by Douglas Ankney
- For the Mentally Ill, Calling 911 Could Prove Deadly, by Edward Lyon
- Alabama Sheriff Denied Immunity for False Charges Against Whistleblower, by Anthony Accurso
- Police Still Have Access to Records That Are Supposedly Sealed, Suit Alleges, by Bill Barton
- DNA Contamination Threatened Conviction of Innocent Man, by Kevin Bliss
- White Cop Gets 10 Years for Murder; Black Kid Gets 10 Days for Oversleeping, by Douglas Ankney
- DA’s Office Files Bar Complaint on Its Own Former Prosecutor, by Anthony Accurso
- Tenth Annual NRC Report Magnifies Limits of Forensic Evidence, by Bill Barton
- Critics Claim Thin Blue Line Protects Cops and Prosecutors in Orange County, California, by Bill Barton
- Study Confirms Immigrants Sentenced More Harshly in Non-Immigrant Areas, by Dale Chappell
- Prosecutors Transform Due Process into ‘Dues Processed’, by Douglas Ankney
- New Tennessee Legislation Will Destroy Hundreds, Probably Thousands, of Families, by Sandy Rozek
- Employers are Adjusting to Hiring Ex-Offenders, by Anthony Accurso
- Federal Prosecutor’s Office in Kansas Considers It Acceptable to Listen to Attorney-Client Conversations, by Kevin Bliss
- Sixth Circuit Vacates Sentence Because District Court Relied on Uncharged Shooting Allegation for Upward Departure from Sentencing Guidelines Range, by Douglas Ankney
- Washington Supreme Court Remands for Resentencing Where State Failed to Prove Criminal History, by Douglas Ankney
- Washington Supreme Court Affirms Reversals of Murder Convictions, Overrules Townsend, by Douglas Ankney
- Texas Court of Criminal Appeals Announces New Test in Comparing Out-of-State Priors for Sentence Enhancement for Repeat Sex Offenders, by Michael Berk
- Vermont Supreme Court Rejects ‘Blanket Rule’ Requiring Fingerprinting in Misdemeanor Cases, by Dale Chappell
- Mississippi Supreme Court Abolishes ‘Pre-Arming’ Jury Instruction, by Dale Chappell
- Second Circuit Holds Appointment of Counsel for Direct Appeal Not Subject to Frivolousness Rule, by Dale Chappell
- Lies by Former Houston Cop Facing Murder Charge Might Affect Over 14,000 Cases, by David M. Reutter
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- Ninth Circuit Affirms Habeas Relief Where Counsel Failed to Present Mitigating Evidence at Penalty Phase, by Douglas Ankney
- Georgia Supreme Court Reverses Conviction for Failure to Give Accomplice-Corroboration Jury Instruction, by Douglas Ankney
- California Court of Appeal Invalidates Title 15 § 3490(a)(5) of the California Code of Regulations, by Douglas Ankney
- Nevada Supreme Court Announces Rule for When Hearing Required on Fair-Cross-Section of Community Violation Claim in Jury Selection, by Dale Chappell
- Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal, by Douglas Ankney
- Eleventh Circuit Holds Georgia’s Terroristic Threats Statute Not Violent Felony for ACCA, by Dale Chappell
- New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant, by Anthony Accurso
- Nation’s First-Ever Nonprofit Forensics Laboratory Coming to Utah, by Douglas Ankney
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- Eleventh Circuit: Selling Body Armor Doesn’t Satisfy Sentencing Guidelines’ Definition of ‘Use’, by Douglas Ankney
- Fourth Circuit: Magistrate’s Failure to Warn of ACCA Enhancement Was Plain Error, by Douglas Ankney
- Ninth Circuit Vacates Unconstitutionally Vague Supervised-Release Conditions, by David M. Reutter
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- Massachusetts Supreme Judicial Court: When Exit Order is Unlawful, Evidence Obtained from Subsequent Search Must be Suppressed, by Douglas Ankney
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- Nevada Supreme Court: Parole Board May Petition To Modify Life Sentence, by Anthony Accurso
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More from Douglas Ankney:
- California Supreme Court: Defendant Has Due Process Right to Notice of Prosecution’s Election to Seek Enhanced Sentence in Order to Make Key Decisions About Defense, June 15, 2024
- Kansas Supreme Court Announces Clarification of Framework for Deciding Whether Confession Is Voluntary and Overrules Precedents That Held Reliability of Confession Is Factor to Be Considered, June 15, 2024
- Decedent’s End-of-Life Condition and Toxicology May Alter Time-of-Death Estimation, June 15, 2024
- Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024
- Third Circuit Denies Prosecutor’s Claim of Absolute Immunity Where Wrongfully Convicted Man’s Complaint Alleged Facts Sufficient to Support Finding That Prosecutor’s Actions Served ‘Investigatory Function’, June 15, 2024
- Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation, June 15, 2024
- Massachusetts Supreme Judicial Court Affirms Trial Court’s Exclusion of Expert Testimony on iPhone’s Frequent Location History Data as Not Sufficiently Reliable Under Daubert-Lanigan Standard, June 15, 2024
- Bluetooth Surveillance Tool Added to List of Known Cache of DHS’ Surveillance Technology, June 15, 2024
- California Court of Appeal: Statistical Evidence Showing Racial Disparity Combined With Evidence Showing Non-Minority Defendants Charged With Lesser Crimes Establishes Prima Facie Case Under California Racial Justice Act, June 15, 2024
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More from these topics:
- Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation, June 15, 2024. Search warrants, Warrants, Particularity Requirement, Overbreadth, Warrants - General Search, Digital Devices.
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023. Search warrants, Warrants, Probable Cause, Material Falsehoods, Authorized Persons.
- Federal Judges Beginning to Reject Geofence Warrants, Nov. 15, 2020. Search warrants, Police State-Surveillance, Electronic Surveillance.
- Warrant Gives Police Access to DNA Database, March 18, 2020. DNA Testing/Samples, Search warrants.
- New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants, March 18, 2020. Search warrants, Police, Fourth Amendment, rights.
- Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy, Jan. 21, 2020. Search warrants, Double jeopardy.
- California Supreme Court Overturns Its Warrantless Identification Search Precedent, Jan. 18, 2020. Search warrants.
- Tennessee Supreme Court Holds Judge Lacks Authority to Sign Search Warrant for Property Outside Court’s Jurisdiction, Aug. 21, 2019. Searches, Search warrants.
- Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred, June 17, 2019. Searches, Computer Searches, Search warrants, Internet.
- Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed, May 15, 2019. Search warrants, Arrest Warrants.
