State v. Mariano

Opinion of the Court by

LIM, J.

Under Article I, section 7 of the Hawaii Constitution, and contrary to the United States Supreme Court’s holding in New York v. Harris, 495 U.S. 14, 110 S.Ct. 1640, 109 L.Ed.2d 13 (1990), a statement taken at the police station after an unlawful arrest in the suspect’s home remains subject to suppression as the “fruit of the poisonous tree,” even though the police had probable cause to arrest all along. Accordingly, we vacate the May 3, 2005 amended judgment of the Family Court of the First Circuit (family court) that convicted Bernardino Mariano (Bernar-dino or…