State v. Ikimaka
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The Supreme Court remanded this criminal matter to the circuit court for further proceedings, holding that the circuit court erred by denying Defendant's motion to suppress as to certain drug evidence.
Defendant was convicted of one count of promoting a dangerous drug in the second degree and one count of unlawful use of drug paraphernalia. The intermediate court of appeals (ICA) affirmed. On certiorari, the Supreme Court noticed plain error affecting Defendant's substantial rights with respect to the circuit court's denial of Defendant's motion to suppress. The Court held (1) a dog sniff conducted by the Kauai Police Department (KPD) was unrelated to the initial stop and seizure of the truck driven by Defendant for evidence of the alleged theft of a purse; (2) KPD did not have independent reasonable suspicion to believe the truck contained drugs; and (3) therefore, the dog sniff violated Defendant's constitutional right against unreasonable searches.
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