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STATE v. MARIANO

No. 27303.

160 P.3d 1258 (2007)

STATE of Hawai`i, Plaintiff-Appellee, v. Bernardino MARIANO, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

May 31, 2007.

Attorney(s) appearing for the Case

Phyllis J. Hironaka, on the briefs, Deputy Public Defender, for Defendant-Appellant.

James M. Anderson, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellee.

WATANABE, Presiding Judge, LIM and FOLEY, JJ.

Opinion of the Court by LIM, J.

Under Article I, section 7 of the Hawai`i Constitution, and contrary to the United States Supreme Court's holding in New York v. Harris, 495 U.S. 14, 110 S.Ct. 1640, 109 L.Ed.2d 13 (1990), a statement taken at the police station after an unlawful arrest in the suspect's home remains subject to suppression as the "fruit of the poisonous tree," even though...

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