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STATE v. ELI

No. SCAP-30420.

273 P.3d 1196 (2012)

126 Haw. 510

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Pulumata`ala ELI, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

April 13, 2012.

Attorney(s) appearing for the Case

David Glenn Bettencourt, for petitioner/defendant-appellant.

Donn Fudo, Deputy Prosecuting Attorney, for respondent/plaintiff-appellee.

ACOBA, DUFFY, and McKENNA, JJ.; with RECKTENWALD, C.J. concurring and dissenting, with whom NAKAYAMA, J., joins; and with NAKAYAMA, J., dissenting, with whom RECKTENWALD, C.J., joins.

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...

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