In the Interest of Doe

978 P.2d 684, 90 Haw. 246, 1999 Haw. LEXIS 32
CourtHawaii Supreme Court
DecidedFebruary 2, 1999
Docket17795
StatusPublished
Cited by26 cases

This text of 978 P.2d 684 (In the Interest of Doe) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of Doe, 978 P.2d 684, 90 Haw. 246, 1999 Haw. LEXIS 32 (haw 1999).

Opinion

Opinion of the Court by

KLEIN, J.

We granted petitioner-appellant State of Hawaii’s (the prosecution) petition for a writ of certiorari to review the decision of the Intermediate Court of Appeals (ICA) in In re John Doe, — Hawai'i ——, — P.2d — (App.1998) [hereinafter the “ICA’s opinion”]. In Doe, minor John Doe (Doe) appealed the family court’s January 11, 1993 order denying his motion for reconsideration of orders denying his motions to suppress and to dismiss for violation of a speedy trial and adjudging him a law violator for the unauthorized control of a propelled vehicle (UCPV), in violation of Hawai'i Revised Statutes (HRS) § 708-836 (1985). 1 The ICA affirmed the family court’s denial of Doe’s motion to dismiss on speedy trial grounds, but reversed *248 the denial of Doe’s motion to suppress on the basis that the police failed to notify Doe’s mother pursuant to HRS § 571-31 (Supp. 1992). 2 In particular, the ICA held:

[A]s a matter of statutory interpretation, ... when a police officer takes a child into custody pursuant to HRS § 571 — 31(a), the child’s parents, guardian, or legal custodian shall be notified immediately pursuant to HRS § 571-31(b), and the child shall not be subjected to custodial interrogation until the child’s parents, guardian, or legal custodian is/are notified of the plans for, and has/have been allowed a reasonable opportunity to communicate with the child prior to and to be present at, the custodial interrogation of the child.

ICA’s opinion at —, — P.2d at — (emphasis added). The ICA also stated that,

“[i]f the parents, guardian, or legal custodian decline to, or fail to, respond to that reasonable opportunity, the custodial interrogation may proceed without him/her/ them subject to the requirements of Fare v. Michael C., 442 U.S. 707, 734-35 [99 S.Ct. 2560, 61 L.Ed.2d 197] (1979), and State v. Green, 51 Haw. 260, 457 P.2d 505 (1969), and other relevant precedent.”

Id. at —, — P.2d at —.

For the reasons set forth below, we hold that the plain language of HRS § 571-31(b) requires neither an opportunity for parent-child communication prior to police interrogation nor parental presence during the custodial questioning of a minor. Accordingly, because we hold that Doe’s statement to the police was voluntarily and freely given, we disagree with and overrule that portion of the ICA’s opinion regarding parental notification under HRS § 571-31(b). In all other respects, we affirm and reinstate the family court’s adjudication and sentence of Doe as a law violator.

I. BACKGROUND

On July 26, 1992, University of Hawai'i Campus Security Officer Peter Spallone observed two minors on a white moped following a red moped through campus. Doe was a passenger on the white moped. According to Spallone, he stopped the minors riding the white and red mopeds because: (1) minors are not allowed on mopeds: (2) two persons are not permitted to ride on one moped on campus; and (3) the red moped matched the description of a moped reported stolen hours earlier. After stopping the boys, Spallone noticed the mopeds were “hot-wired.” The police were notified, and Doe was taken into custody at approximately 6:00 p.m.

Two hours later, the police notified Doe’s mother at her work place. She arrived at the station at about 10:10 p.m. Thereafter, at 10:33 p.m., Detective Mark Weise interviewed Doe with respect to his arrest for UCPV. Detective Weise informed Doe of his constitutional rights using the Honolulu Police Department’s (HPD) Juvenile Rights Form. In particular, Detective Weise advised Doe that he had a right to have counsel or anyone else, such as his mother or father, present with him during questioning. Doe declined to have a guardian, parent, or an attorney with him during questioning. In addition, Doe signed the HPD form and initialed each sentence, signifying that he understood his rights. Following the interview, Doe was released to the custody of his mother.

*249 On December 18, 1992, two petitions were filed against Doe alleging that he committed two offenses of UCPV. At the adjudication hearing on May 27, 1998, the prosecutor announced that he was unable to proceed because his “complaining -witness [was] not present.” The petitions were dismissed without prejudice.

On July 8,1993, the prosecution refiled the two petitions against Doe. Doe did not appear at the adjudication hearing on August 13,1993, and the court issued a summons for his appearance. On November 8 and 18, respectively, Doe, by and through counsel, filed motions to suppress his statements and to dismiss his ease for violation of his constitutional right to a speedy trial.

At the pretrial hearing on the motions, the family court denied Doe’s motion to dismiss, ruling as follows:

Looking at the charge and the missing witness reason for delay, balancing that against the only prejudice or only factor argued on behalf of the minor which was that his memory is not as good, the Court is going to come out on the side of the government insofar as this Motion is concerned and deny that Motion.

As to Doe’s motion to suppress, Doe argued that the police violated HRS § 571-31(b) when his mother was not “notified immediately” and that a “violation of the detention procedure would demand a suppression of the tainted confession.” Doe also complained that his statement to the police was involuntary because “he was subjected to intimidating and inhumane” treatment while in custody.

Detective Weise testified that there were no pressure, threats, or coercion involved in taking Doe’s statement. Nor did he make any promise in exchange for Doe’s statement. Rather, Doe indicated orally and in writing that he understood his rights as they were read to him.

Next, Doe’s mother testified that after she arrived at the police station she waited about half an hour before her son was released. She observed that upon being released her son looked “just like normal.” Doe’s mother acknowledged Doe saying he was a “little bit” hungry, but did not complain about being thirsty.

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Bluebook (online)
978 P.2d 684, 90 Haw. 246, 1999 Haw. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-doe-haw-1999.