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Hawaii Supreme Court· 11/25/2015

State v. Yong Shik Won

Citations

  • 137 Haw. 330
  • 372 P.3d 1065
  • 2015 Haw. LEXIS 352

How courts have described this case

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

  • holding that a breath test is a search subject to the constitutional constraints of Article I, Section 7 of the Hawaiʻi Constitution
  • noting that counsel may serve an important function in assisting an arrested individual in deciding whether to consent to alcohol concentration testing
  • noting that Hawaii supreme court had never applied unconstitutional conditions doctrine in criminal cases
  • discussing McNeely, and stating that pursuant to statute, warrant-less blood alcohol test may be required from driver involved in collision resulting in injury or death so long as: (1
  • “Voluntariness means a ‘free and unconstrained choice.’” (quoting State v. Shon, 47 Haw. 158, 166, 385 P.2d 830, 836 (1963))
  • “In Hawaii, consent is measured under an analysis examining the totality of the circumstances.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McKenna, Pollack, Wilson, Nakayama, Recktenwald

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named State v. Yong Shik Won

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.