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Showing posts with the label exclusionary rule

An unrecorded police interrogation—inside and outside the station—violates Due Process in Hawaii.

  State v. Zuffante (HSC September 17, 2025). Charles Zuffante and his girlfriend were pulled over by the police for driving around Kona with expired registration. The car was registered to his girlfriend. The officers saw a glass pipe in the center cupholder and arrested them. The police searched Zuffante and found 3.5 grams of methamphetamine in his pocket. The event was recorded on their body worn cameras (BWC). Then they got a warrant to search the car and seized 130 grams of methamphetamine found in a handbag, a black and white polka dot coin purse, a sunglasses case, and a fanny pack.   The next day, a detective interrogated Zuffante after Zuffante waived his right to remain silent and his right to have an attorney present during the interrogation. The interrogation occurred in the Kona station interrogation room. The detective later claimed that the audio and video recording devices in the room were inoperable. Zuffante assumed it was working because “they have a ca...

By the Way, Medical Rule-Out Questions Constitute "Interrogation"

  State v. Skapinok (HSC June 3, 2022) Background. Leah Skapinok was charged with driving under the influence. One summer’s night, Officer William Meredith saw a white Toyota Tacoma speeding down King Street. He followed it onto Ward Avenue and saw it weaving before getting onto the H-1. Once on the freeway, he saw it cross the solid white line and move across three lanes without signaling. Officer Meredith pulled the truck over. Skapinok was the driver. Officer Meredith smelled booze on her and saw she had red, watery, bloodshot eyes.   Officer Meredith believed he had enough to arrest her for reckless driving, but he didn’t. He instead asked if she was willing to participate in the field sobriety tests. She was argumentative at first but gave in when Officer Meredith told her that if she did not, she would be arrested. Corporal Ernest Chang showed up and talked to Officer Meredith. Corp. Chang agreed that there was probable cause to arrest for reckless driving. ...

Even When Medical Rule-Out Questions Suppressed, the Fields Aren't Fruits

  State v. Manion (HSC June 3, 2022) Background. Daniel Manion was charged with driving under the influence of an intoxicant. He moved to suppress evidence of the field sobriety tests performed outside his vehicle in the middle of the night. A resident in Hawai'i Kai called the police after hearing a car crash. Police arrived and found Manion sitting in a crashed car. Officer Corey Morgan asked Manion if he was injured. Manion said he was not. He was just having a rough day. He also said he drank a “40” at Sandy’s and was on his way home. He said he crashed his car because he was texting. Officer Morgan smelled booze and saw that Manion had red, watery eyes. Officer Morgan believed he had probable cause at this point to arrest Manion for drunk driving.   Officer Morgan asked Manion to get out of the car. Manion complied. He asked if he was willing to submit to standard field sobriety tests. He said he would. Then Officer Morgan asked him the medical rule-out questions—q...

Exclusionary Rule at Odds with Police Acting as Care Providers

  State v. Lee (HSC February 9, 2021) Background. Honolulu Police Department officers responded to a “suicidal male call” at an ‘Aiea residence. The family let the officers into the home and directed them to a closed bedroom door. Family members said that Joshua Lee was in his room and he had samurai swords in there. They made contact with Lee through the closed door. The did not allow the officers to open the door, but told them he was okay and asked them to leave. The Sgt. Michael Cobb who responded to the call started talking to Lee. He told him that he “needed to grow up” and “be a man.” Lee asked if the officers had a warrant. Sgt. Cobb told him “we don’t need a warrant, dumbass.” Despite Lee’s request that they leave him alone, the officers needed to check if there was a risk that he would harm himself. The officers picked the lock and opened it to at the very least see Lee.   When they did, the door was obstructed. At some point, Lee’s family members asked the po...