State of Hawai‘i v. Lawrence Turno

Summary

The Hawai‘i Intermediate Court of Appeals affirmed orders denying Lawrence Turno’s motions to suppress evidence in an interlocutory appeal arising from an undercover investigation and commercial sexual exploitation of a minor charge. The court held that Turno was not in custody for Miranda purposes when he sent the relevant text messages, had no reasonable expectation of privacy in the consensually recorded communications, and was subject to the participant-recording exception of Hawai‘i’s Wiretap Act.

Holdings

1. Turno was not in custody for Miranda purposes when he sent the incriminating text messages because he had not been stopped, detained, or otherwise deprived of his freedom of action. Probable cause to arrest, standing alone, did not establish Miranda custody under these circumstances.
2. The undercover officer's participation in and recording of the communications did not violate Turno's privacy right under article I, section 7 of the Hawai‘i Constitution because Turno had no reasonable expectation of privacy in a conversation with a consenting participant.
3. The undercover officer's interception and recording of the electronic communications fell within HRS § 803-42(b)(4)'s participant-recording exception. The officer's deceptive use of a fictitious persona did not make the exception inapplicable.

Questions Presented

1. Whether Turno was subjected to custodial interrogation requiring Miranda warnings when he exchanged incriminating text messages with an undercover officer, despite not having been stopped, detained, or otherwise deprived of freedom of action.
2. Whether the undercover officer's use of a fictitious online persona and recording of the communications violated Turno's privacy right under article I, section 7 of the Hawai‘i Constitution.
3. Whether the undercover officer's recording of the electronic communications violated the Hawai‘i Wiretap Act, HRS § 803-42, or fell within the participant-recording exception in HRS § 803-42(b)(4).

Disposition

affirmed