State v. Trainor

44 Citing cases

  1. State v. Arceo

    84 Haw. 1 (Haw. 1996)   Cited 327 times
    Noting that "we review questions of constitutional law 'by exercising our own independent constitutional judgment'" (quoting Trainor, 83 Hawai'i at 255, 925 P.2d at 823, and Lee 83 Hawai'i at 273, 925 P.2d at 1097)

    We answer questions of constitutional law "by exercising our own independent constitutional judgment based on the facts of the case." State v. Trainor, 83 Haw. 250, 255, 925 P.2d 818, 823 (1996) (citation and internal quotation marks omitted); State v. Lee, 83 Haw. 267, 273, 925 P.2d 1091, 1097 (1996) (citation, internal quotation marks, and brackets omitted). Thus, we review questions of constitutional law under the "right/wrong" standard.

  2. State v. Kauhi

    86 Haw. 195 (Haw. 1997)   Cited 72 times
    Holding that two criteria are required before Miranda rights must be given: " the defendant must be under interrogation; and the defendant must be in custody"

    On appeal, Kauhi argues that he was subjected to a warrantless, non-consensual seizure when Officer Carreiro spoke with him on the door-step of 45-582 Paleka Road. Hence, concludes Kauhi, because the initial encounter was non-consensual, Kauhi's "consent" to speak with Detective Fitchett was "the fruit of the illegal encounter" and should have resulted in the suppression of Kauhi's statement to Fitchett. State v. Trainor, 83 Haw. 250, 925 P.2d 818 (1996). Alternatively, Kauhi argues that the statement must be suppressed because, in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), Kauhi was subjected to custodial interrogation without the benefit of having been read his constitutional rights.

  3. State v. Heapy

    113 Haw. 283 (Haw. 2007)   Cited 27 times
    Holding that "[t]he mere possibility of criminal activity does not satisfy the constitutional requirement that a stop be based on suspicion that criminal activity was afoot"

    Accordingly the officer had no grounds for reasonably believing criminal activity was afoot. See, e.g., State v. Trainor, 83 Hawai'i 250, 256, 925 P.2d 818, 824 (1996) (ruling that "the police may temporarily detain an individual if they have a reasonable suspicion based on specific and articulable facts that criminal activity is afoot" (citation omitted)). Because such objective grounds were absent, no legal support existed for the stop.

  4. State v. Kotis

    91 Haw. 319 (Haw. 1999)   Cited 115 times
    Holding that the defendant "had the opportunity to raise the issue [(now challenged on appeal)] . . . in the circuit court, but he did not do so. Inasmuch as he is the party alleging error, it was his burden to raise the issue, and any ambiguity in the circuit court's d i n g may therefore be attributed to him"

    . . . We answer questions of constitutional law "by exercising our own independent constitutional judgment based on the facts of the case." State v. Trainor, 83 Haw. 250, 255, 925 P.2d 818, 823 (1996) (citation and internal quotation marks omitted); State v. Lee, 83 Haw. 267, 273, 925 P.2d 1091, 1097 (1996) (citations, internal quotation marks, and brackets omitted). Thus, we review questions of constitutional law under the "right/wrong" standard.

  5. State v. Cuntapay

    104 Haw. 109 (Haw. 2004)   Cited 18 times
    Holding that "under Article I, section 7 of the Hawai'i Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host's home" (footnote omitted)

    6. The police may, in appropriate circumstances and in an appropriate manner approach a person for purposes of investigating possible criminal behavior even though there is no probable cause to make an arrest. State v. Trainor, 83 [Hawai`i] 250, 258, 925 P.2d 818, 826 (1996). The ultimate test in those situations is whether a man of reasonable caution would be warranted in believing that criminal activity was afoot and that the action taken was appropriate.

  6. State v. Bohannon

    102 Haw. 228 (Haw. 2003)   Cited 84 times
    In Bohannon, the Hawai'i Supreme Court vacated the lower court's suppression of evidence, determining there was reasonable suspicion to stop the defendant based on the totality of the circumstances.

    Article I, section 7 of the Hawai`i Constitution was designed, inter alia, to safeguard the privacy of individuals against arbitrary, oppressive, and harassing invasions by the police. State v. Trainor, 83 Haw. 250, 259, 925 P.2d 818, 827 (1996) (citation omitted). To ensure against such invasions, this court has applied an objective reasonable suspicion test in the event of an investigatory automobile stop by the police.

  7. State v. Kaleohano

    99 Haw. 370 (Haw. 2002)   Cited 60 times   1 Legal Analyses
    Holding "that red and glassy eyes, a criminal record, and imperfect driving, standing alone, are insufficient to establish probable cause to arrest a person for driving under the influence of drugs"

    In the case of the consent exception, the prosecution bears the burden of establishing that the consent was freely and voluntarily given. See State v. Trainor, 83 Hawai`i 250, 261, 925 P.2d 818, 829 (1996) ("`It is well-settled that when the prosecution seeks to rely upon consent to justify the lawfulness of a search, it has the burden of proving . . . that the consent was, in fact, freely and voluntarily given.'" (Quoting State v. Patterson, 58 Haw. 462, 468, 571 P.2d 745, 749 (1977).) (Ellipsis points in original.). "[W]hether a consent to a search was in fact voluntary or was the product of duress or coercion, express or implied, is a question of fact to be determined from the totality of all the circumstances."

  8. State v. Ah Loo

    94 Haw. 207 (Haw. 2000)   Cited 59 times
    Stating that "[a]bsent Miranda warnings and a valid waiver of them, statements obtained from a person subjected to uncounseled custodial interrogation are inadmissible in a subsequent criminal proceeding brought against that person"

    In its opinion, the ICA held in relevant part that a person "who has been seized is in custody." ICA's opinion at 4 (quoting State v. Blackshire, 10 Haw. App. 123, 135, 861 P.2d 736, 742 (App.), cert. denied, 75 Haw. 581, 863 P.2d 989 (1993) (internal quotation marks omitted)). From this premise, the ICA reasoned that, inasmuch as Ah Loo was "seized" within the meaning of article 1, section 7, see, e.g., State v. Trainor, 83 Haw. 250, 256, 925 P.2d 818, 824 (1996) ("a person is `seized' in the constitutional sense if, from an objective standpoint and given the totality of the circumstances, a reasonable person would have believed that he or she was not free to leave"); State v. Kearns, 75 Haw. 558, 567, 867 P.2d 903, 907 (1994) ("a person is seized, for purposes of article I, section 7 of the Hawaii Constitution, when a police officer approaches that person for the express or implied purpose of investigating him or her for possible criminal violations and begins to ask for information"), he was "in custody" for purposes of triggering the procedural safeguards — i.e., the Miranda warnings — mandated by article I, section 10, see supra note 2, preconditioning any custodial interrogation. ICA's opinion at 6-7.

  9. State v. Klinge

    92 Haw. 577 (Haw. 2000)   Cited 74 times
    Holding that strength of the evidence weighed against the defendant where the defendant's case hinged on his own testimony and the State's case was supported by photographs and independent witnesses

    We review questions of constitutional law "by exercising our own independent constitutional judgment based on the facts of the case." State v. Rogan, 91 Haw. 405, 411, 984 P.2d 1231, 1237 (1999) (quoting State v. Arceo, 84 Haw. 1, 11, 928 P.2d 843, 853 (1996) (quoting State v. Trainor, 83 Haw. 250, 255, 925 P.2d 818, 823 (1996), and State v. Lee, 83 Haw. 267, 273, 925 P.2d 1091, 1097 (1996)). Accordingly, we review questions of constitutional law de novo under the "right/wrong" standard.

  10. Davis v. Bissen

    154 Haw. 68 (Haw. 2024)   Cited 5 times

    [5, 6] This court answers questions of constitutional law by exercising its own independent judgment based on the facts of the case. State v. Trainor, 83 Hawai‘i 250, 255, 925 P.2d 818, 823 (1996). Questions of constitutional law are reviewed under the right/ wrong standard.