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Showing posts from September, 2025

Police have to let you know that you’re free to go (so long as you actually are free to go).

  State v. Spies (HSC September 16, 2025). Jonathan Spies was stopped by the police as he stepped out of his truck in the Foodland parking lot in Waimea on the Big Island. Sierra Valderrama was in the passenger seat. The officer had him sit in the back of his pickup while backup showed up. When they did, they told Spies they had a warrant to search his person —and nothing else. They did not have a warrant to search the vehicle.   They executed the warrant and had Valderrama get out of the truck. The police found nothing on Spies. Officer Justin Gaspar asked Spies if he could search his truck. Spies did not respond with a “yes” or “no” answer. He said something to the effect of “it’s all in there” or “everything that you guys are looking for is in there.” Officer Gaspar asked him  to clarify what he meant and Spies said that it was in his wallet. Spies did not consent to a search of the truck. The police held him for another three minutes after executing the warrant. T...

HSC continues to clarify when the State has to include statutory definitions in the charging document.

  State v. Kaakimaka (HSC August 28, 2025). The prosecution charged Koa Kaakimaka with invasion of privacy in the first degree in violation of HRS § 711-1110.9(1)(a). A person commits that offense when:   [T]he person intentionally or knowingly installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity in that place[.]   Id. A “private place” is “a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or substantial group thereof has access.” HRS § 711-1100.   The indictment against Kaakimaka did not include the statutory definition so he moved to dismiss it. He argued that the term “private place” could mean many different things. He also moved to suppress evidence. The circuit court...