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Showing posts from August, 2016

Traffic Stops and Nothing More Does not Justify a Canine Screen

State v. Alvarez (HSC June 30, 2016) Background. Elujino Alvarez was driving a vehicle and stopped by the police because the police saw that one of the passengers was not wearing a seatbelt. The officers recognized Alvarez from prior unrelated drug investigations and called another officer to come to the scene with his police dog to conduct a canine screening on the car. They waited for the dog and the dog alerted to the presence of narcotics. Alvarez was arrested. The police obtained a search warrant for the car and found methamphetamine and drug paraphernalia. Alvarez moved to suppress the evidence. The motion was denied. Alvarez entered a conditional plea allowing to appeal the denial of the motion. The ICA affirmed the denial. Alvarez applied for a writ of cert.
Traffic Stops, the Fourth Amendment, and You. “A stop of a vehicle for an investigatory purpose constitutes a seizure within the meaning of the constitutional protection against unreasonable searches and seizures.” State v. …

Juveniles Cannot be Sentenced to Life Without Parole (but may be Sentenced to Life With)

State v. Tran (ICA July 14, 2016) Background. Dat Minh Tran was seventeen years old in a car with his friends when they were involved in a chase through Waikiki with a red truck. Tran stood up from the truck and fired two shots at the red truck while standing in his car through the sunroof. He shot one of the people in the truck, but that person did not die. The second shot hit the truck’s radiator. The family court waived jurisdiction and he was tried as an adult for attempted murder in the first degree. He was found guilty. The circuit court sentenced Tran to life imprisonment without the possibility of parole. That was in 1997.
In the wake of three cases from the United States Supreme Court related to the sentencing of juveniles, Tran filed a petition to set aside his sentence. The petition was granted. After a hearing on the petition, the circuit court sentenced Tran to life with the possibility of parole. Tran appealed. Later, the Legislature amended the murder sentencing statute a…

When Friendly Officer Chit-Chat Becomes Interrogation

State v. Kazanas (HSC June 21, 2016) Background. Kazanas was indicted with criminal property damage in the first degree and unauthorized entry into a motor vehicle in the first degree. During the early morning hours of November 1, 2011, Kazanas was taken to the hospital to treat injuries sustained to his hand. An officer accompanied him. The officer informed him that he was under arrest for UEMV “multiple times” but never apprised him of his constitutional right to remain silent, his right to attorney, and the admonition that anything he said could be used against him in a court of law. She did, however, instruct Kazanas not to talk about the case or “say anything about what he had been arrested for.”
At the hospital, Kazanas was making rude comments and other patients could hear him. The hospital staff moved him away from the other patients. A police officer sat about six feet away from him. Wanting to keep his mind off of other things and wanting to calm him down, the officer asked Ka…

The Intricacies of the Felon-In-Possession Statute

State v. Frazer (ICA May 13, 2016) Background. Michael Frazer was indicted with one count of promoting a dangerous drug in the first degree and violation of a protective order. He pleaded guilty to both counts and moved for a conditional discharge pursuant to HRS § 712-1255. The circuit court granted the motion and placed him on probation for five years in count one and two years on count two.
Four years later, Frazer gets charged with one count of first-degree terroristic threatening with use of a dangerous weapon—a semi-automatic firearm and one count of possession of a firearm while “under indictment” for a felony pursuant to HRS § 134-7(b). Frazer moved to dismiss count two on the grounds that he was not “under indictment” and the circuit court agreed. In its order granting the motion, the circuit court concluded that a person who has been granted a conditional discharge is neither “under indictment” nor convicted. The circuit court limited the language of “under indictment” to pret…