(DOWNLOAD) "State V. Kuba" by Hawaii Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: State V. Kuba
- Author : Hawaii Supreme Court
- Release Date : January 26, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The State of Hawaii (hereinafter "State") appeals 1) an Order Granting Defendant's Motion to Suppress Statements; 2) an Order Granting Defendant's Motion for Dismissal of Count I of the Indictment for Insufficient Evidence; and 3) an Order Granting Defendant's Motion to Suppress Evidence Obtained in Violation of Defendant's Miranda Rights. The trial court concluded that the police questioning of Defendant after a traffic stop amounted to custodial interrogation and that Defendant should have been informed of his constitutional rights to silence and an attorney under Miranda v. Arizona, 384 U.S. 436 (1966). The trial court also dismissed Count I of the indictment on the ground there was insufficient evidence to indict Defendant For Driving Under the Influence of Drugs. Finally, the trial court invalidated the seizure of two and one-half methaqualone tablets as products of the initial illegal interrogation. For the reasons stated below, we reverse the orders and remand the case for trial.
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