Showing posts from January, 2018

The "New" Emergency-Aid Exception to the Warrant Requirement

State v. Wilson (ICA December 26, 2017) Background. Kevin Wilson was charged with terroristic threatening in the first degree through the use of a dangerous instrument. It stemmed from a 911 call by a third party reporting that a couple was having an argument in Kahaluu. After the call, officers were informed that the female was afraid and that the male had a knife.
When the police got to the house, two officers approached the front door and one officer, Jason Akiona, went to the back. At the front door, they saw Wilson inside and told announced their presence. Wilson told them to “get the #$%! away from my house.” The officers didn’t listen and opened the screen door and ordered Wilson to come out. Wilson complied, was patted down by the police, and no weapons were found.
As Officer Akiona went to the back door he heard a female crying. He called out to her, but there was no response. Upon learning that Wilson was out of the house, Officer Akiona went inside through the back door and ca…

Counsel's Duties Don't end after Dismissal (Without Prejudice)

Maddox v. State (HSC December 14, 2017) Background. The prosecution indicted Mickey Maddox with attempted escape in the second degree and promoting prison contraband. He was arraigned about four months later and pleaded not guilty. Trial was delayed for nearly two years and most of that time was waived by Maddox. On December 23, 2008, the circuit court granted Maddox’s motion to appoint new defense counsel. The order appointed counsel “at all stages of proceedings, including appeal, if any.” Counsel filed a motion to dismiss the indictment. The circuit court granted the motion and dismissed it without prejudice.
Two weeks later Maddox was indicted for the same charges again. On the same day the new indictment came down, Maddox filed a “Second Notice of Appeal” and a motion for new counsel pro se. In the motions, Maddox stated that he planned to appeal the order dismissing without prejudice and asked for new counsel. A few weeks later, Maddox filed a “Third Notice of Appeal” on the same …

Your Right to Record Cops on Duty and in Public

State v. Russo (HSC December 14, 2017) Background. Maui Police Department officers were conducting traffic surveillance on the side of Haleakala Highway. Thomas Russo stopped his vehicle on the road shoulder and started to record the officers on his phone. Russo first approached Officer John Fairchild. Officer Fairchild asked Russo to turn his hazard lights on. Russo says he can do that and starts walking back to his vehicle and turns his hazard lights on. Russo briefly talked to Officer Fairchild about slowing down traffic “all the way up to Haliimaile.” Officer Fairchild told him that they were pulling cars off the roadway into an area on the shoulder so Russo would have to “step off to the side.” Officer Fairchild said “I don’t want you to get run over.” Russo replied, “Okay.”
Russo next again approached the officers and walked past Officer Fairchild. He approached Officer Rusty Lawson, who was standing near a vehicle that had been stopped. As Russo neared him, Officer Lawson leaves …