State v. Wallace

Opinion of the Court by

MOON, C. J.

Plaintiff-appellant State of Hawaii [hereinafter, the prosecution] appeals from the June 12, 2003 findings of fact (FOF), conclusions of law (COL) and order of the Circuit Court of the Second Circuit, the Honorable Shack-ley F. Raffetto presiding, granting defendant-appellee Terrence D. Wallace’s motion to suppress statements. On appeal, the prosecution essentially contends that: (1) inasmuch as Wallace was not in custody, Miranda warnings, although given, were not required and statements made by Wallace were not obtained in violation of the privilege against…