In State v. Joyner, 66 Haw. 543, 669 P.2d 152 (1983), Joyner and three other men were in a sauna room. A brown vinyl athletic bag was located one to two feet away from Joyner and at least six feet away from the other three. A police officer asked the four men whose bag it was and no one responded. An inspection of the contents of the bag revealed marijuana and cocaine and Joyner's driver's license and other identifications. The Hawaii Supreme Court affirmed the trial court's order granting Joyner's motion to suppress because Joyner "did not actively discard the bag or expressly disclaim its ownership; rather he merely remained silent when the police officer asked if any of the four men in the sauna room owned the bag." Id. at 545, 669 P.2d at 153. The defendant was found not to have abandoned a bag by remaining silent when police questioned him. There, officers executing a search warrant for evidence of gambling at a bathhouse smelled marijuana in the sauna; they arrested another man, who had marijuana on his person, and then asked the others present who owned a bag lying near the defendant. Id. at 153. Although the defendant did not claim it, the trial court found he had exhibited "indicia of ownership" by placing the bag, at most, two feet from himself in the sauna. Id. at 154. The Hawaii Supreme Court upheld the suppression of evidence in the bag, expressly refusing to equate "passive failure to claim potentially incriminating evidence" with abandonment of property. Id. at 153.