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Hawaii Supreme Court· 5/23/1984

State v. Ortiz

Citations

  • 683 P.2d 822
  • 67 Haw. 181
  • 1984 Haw. LEXIS 107

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “warrantless searches are presumptively unreasonable unless they fall within a specifically-established and well-delineated exception to the warrant requirement”
  • explaining that the ICA \strained to place the search and seizure [of a defendant's knapsack] beyond the reach of the constitutional protections by fashioning a novel `plain feel' rule from `the limitations and rationale of the plain view rule'\
  • explaining that the ICA “strained to place the search and seizure [of a defendant’s knapsack] beyond the reach of the constitutional protections by fashioning a novel ‘plain feel’ rule from ‘the limitations and rationale of the plain view rule’ ”
  • “In the [warrant-less] search incident to arrest context, ... the police may not search an area or container within their exclusive control or outside the detainee’s reach.”
  • after legitimately seizing a knapsack and feeling what the officer thought was a gun, subsequent protective search was not unreasonable
  • \The reasonableness of a weapons search is determined by balancing the State's interest in searching against the individual's interest in freedom from unreasonable government intrusions.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Lum, Nakamura, Padgett, Hayashi, Wakatsuki

Read full opinion on CourtListener

Cited by

34 cases in this archive cite this case; the 20 most cited are listed.

Cites

57 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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