Kanekoa v. City & County of Honolulu

I dissent from Part II of the majority opinion because I believe that the Hawaii police department’s detention of Damien Melemai, Warren Kanekoa, and Charles Kanekoa violated their constitutional right to a prompt probable cause hearing. The officers detained Melemai and the Kane-koas after warrantless arrests without presenting them before a neutral magistrate for a determination of probable cause for a constitutionally impermissible purpose and for an unreasonable length of time. The fourth and fourteenth amendments and this circuit’s prior decisions require reversal of the decision below.…