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State V. Austria

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eBook details

  • Title: State V. Austria
  • Author : Hawaii Supreme Court
  • Release Date : January 11, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

The sole question in this appeal is the sufficiency of a police officer's affidavit to support a search warrant. The defendants were charged with the offense of Promoting Gambling in the Second Degree, HRS § 712-1222 (Supp. 1973). They moved to suppress evidence of the charged offense which had been seized pursuant to a search by search warrant of an alleged illegal gambling establishment. The circuit court found a lack of probable cause to support the search warrant, and ordered suppression of all evidence resulting from the warrant's execution. From this order the State appealed. We find that the affidavit presented to the district judge who issued the warrant supports his finding of probable cause, and therefore we reverse the circuit court's suppression order.


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