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State v. Jerome

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eBook details

  • Title: State v. Jerome
  • Author : Hawaii Supreme Court
  • Release Date : January 05, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 48 KB

Description

Appellant contends that the detention from approximately 3:30 p.m. to 4:00 p.m. of the box, prior to the dog-sniff, was an unconstitutional seizure, relying on United States v. Place, 462 U.S. 696, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983), which held that temporary seizures on reasonable suspicion and without warrant pending a dog-sniff could be constitutionally valid, but that the 90-minute delay in that case was impermissible. We have followed Place with respect to challenges to a dog-sniff on the basis of Article I, section 7 of the State Constitution. State v. Snitkin, 67 Haw. 168, 681 P.2d 988 (1984). In our view, Place does not make the seizure here an unconstitutional application of the doctrine originally laid down as an exception to the warrant requirement in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).


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