26 Haw. 331 | Haw. | 1922
OPINION OF THE COURT BY
The defendant Ho Me was charged with the offense of unlawfully having in his possession certain opium or a preparation thereof contrary to the provisions of section
“1. Should the prayer of the defeudant’s motion here-inbefore set forth be granted under the pleadings, the evidence, the same being considered true, and the proceedings hereinbefore set forth?
“2. Is there a conflict between the decision of the supreme court of the Territory of Hawaii in the case of ‘Territory v. Hoo Koon,’ 22 Haw. 597, and the decisions of the United States Supreme Court in the cases of ‘Gouled v. United States,’ U. S. Adv. Ops. 1920-21, p. 311, (No. 250) argued January 4, 1921, decided February 28, 1921” (255 U. S. 298), “and ‘Amos v. United States,’ U. S. Adv. Ops. 1920-21, p. 316 (No. 114) argued December 13, 1920, decided February 28, 1921” (255 U. S. 313) ?
“3. If such conflict exists should the circuit court follow the decision of the supreme court of the Territory of*334 Hawaii or the decisions of tbe United States Supreme Court?”
The defendant by demurring to the return and the evidence admits the truth of the evidence adduced in support of the return. The first question then to be considered is whether or not the evidence of Frazier, the substance of Avhich is set out above, shows a waiver by the defendant of his constitutional rights. In the case of Amos v. United States, 255 U. S. 313, the following facts were held not to constitute a waiver. Two deputy collectors of internal revenue went to defendant’s house and store “within his curtilage” and not finding him there told his wife that they were revenue officers and had come to search the premises for violations of the revenue law. The wife thereupon opened the store and the officers entered, found and seized a bottle of illicitly distilled whisky. They then went into the home of the defendant on the same premises where they found and seized more illicitly distilled whisky. The officers had neither a warrant' for the arrest of the defendant nor a search warrant. The search was made in the daytime and in the absence of the defendant. In discussing the. contention that the constitutional rights of the defendant were waived Mr. Justice Clark, speaking for the court, said: “The contention that the constitutional rights of the defendant were waived when his wife admitted to his home the government officers, who came, without warrant, demanding admission to make search of it under government authority, cannot be entertained. We need not consider whether it is possible for a wife, in the absence of her husband, thus to waive his constitutional rights, for it is perfectly clear that under the implied coercion here presented, no such waiver was intended or effected.” This in effect constitutes a holding that had the defendant himself been present and acquiescent, as was his wife, the implied coer
It would not be possible to add to the emphasis with which the Supreme Court in the above and other cases has declared the importance of keeping unimpaired the rights secured to the people by these two amendments. In the Gouled case it is said that such rights are indispensable to the full enjoyment of personal security, personal liberty and private property. These rights are no less sacred than the right to trial by a jury, to the writ of habeas corpus or to due process of law. It has been repeatedly held by that court and reiterated in the Gouled case that these amendments should receive a liberal construction to the end that well-intentioned but overzealous executive officers may be prevented from gradually encroaching upon the rights secured by said amendments. The seizure in the case at bar when tested by the principles laid down in the cited cases is clearly in violation of the fourth amendment and to permit the use of the seized articles as evidence against the defendant would as clearly violate the fifth amendment.
But, says the Territory, the law in this jurisdiction is settled by the decisions of this court in Territory v. Soga, 20 Haw. 71, and Territory v. Hoo Koon, 22 Haw. 597, and
The Territory also seeks to distinguish this case from the Amos and Gouled cases by the fact that the seizure was made by federal officers and the evidence seized by them yoluntarily turned oyer to the city and county attorney. For authority it relies upon Burdeau v. McDowell, 256 U. S. ; Youngblood v. United States, 266 Fed. 795, and United States v. Burnside, 273 Fed. 603. In the Burdeau case the Supreme Court held that the defendant was not entitled to have evidence returned to him which was being held by a prosecuting officer of the government after having been illegally and wrongfully taken from his possession by an individual in no way connected with the government. In the Youngblood and Burnside cases it is held that evidence obtained through an unlawful search and seizure by the state officers having no connection with the federal authorities is not inadmissible on the trial- of the defendant in a federal court. It would require but one step beyond the prin-ciplés announced in these cases to justify a holding that evidence obtained through an unlawful search and seizure by federal officers may he retained by the city and county
In conclusion we hold that the first and second questions should be answered in the affirmative. In answer to the third question we hold that in case of conflict between the decisions of the supreme court of the Territory of Hawaii and the decisions of the United States Supreme Court all inferior courts are bound by the decisions of the Supreme Court of the United States.