State v. Eli

Opinion of the Court by

ACOBA, J.

We hold in this case that after arrest the police practice of inviting an arrestee to make a statement and to give his or her “side of the story” or similar entreaties in a “pre-interview” before Miranda warnings are given, violates the defendant’s right against self-incrimination, article I, section 10,1 and right to due process, article I, section 52 of the Hawai’i Constitution. Further, we hold that under the circumstances of this case the Mirandized statement offered into evidence at trial resulted from the exploitation of the said pre-interview practice.…