State v. Naeole

OPINION OF THE COURT BY NAKAYAMA, J. The State of Hawai'i (the State) appeals from an order of the circuit court granting a motion to suppress evidence seized from Ellen Naeole (Appellee).1 The State contends that the circuit court erred in holding that the evidence was unlawfully seized in violation of Appellee's constitutional right to be free from unreasonable searches and seizures.2 The circuit court held that, because the State seized the evidence without a warrant and without Appellee's consent, the seizure was invalid and the evidence inadmissible. On appeal, the State contends that the evidence was lawfully seized in a search incident to a lawful arrest.3