Legal Opinion
State v. Tsujimura.
Hawaii Supreme Court
Decided May 31, 2017No. SCWC-14-0001302PublishedCited by 6 opinions
1Opinion of the Court
OPINION OP THE COURT BY
POLLACK, J.
It has been settled for decades that the right to remain silent is a fundamental eom-ponent of the right against compelled self-incrimination guaranteed by article I, section 10 of the Hawaii Constitution. What has been subject to disagreement among several jurisdictions is the point in time at which the right to remain silent attaches. In 2008, this court, in State v. Mainaaupo, 117 Hawai'i 235, 178 P.3d 1 (2008), held that the right to remain silent attaches at least as of the time that a person is arrested. In this case, the primary question that we…
2Cases cited82 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Doyle v. OhioSupreme Court of the United States · 1976
- Berkemer v. McCartySupreme Court of the United States · 1984
- Griffin v. CaliforniaSupreme Court of the United States · 1965
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3Cited by6 opinions
- State v. Nakamitsu.Hawaii Supreme Court · 2017
- State v. ChangHawaii Supreme Court · 2019
- State of Iowa v. Levi Gibbs IIISupreme Court of Iowa · 2020
- State v. AbellaHawaii Intermediate Court of Appeals · 2019
- State v. BukoskiHawaii Intermediate Court of Appeals · 2018
1 more not listed; retrieve them via the Exa API.