Judge Rules Police Liable For Damage in Arrest Suit

Every Sunday, “Back in the Day” looks at an article that ran on this date in the Honolulu Star-Bulletin. The items are verbatim, so don’t blame us today for yesteryear’s bad grammar.

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Police chief Dan Liu and five other police offers are liable for money damages for the illegal arrest of Mrs. Yukie Sandra Scott, Circuit Judge Ronald B. Jamieson ruled yesterday.

In so ruling, Judge Jamieson found a 50-year old police policy of holding suspects for 48 hours before charging them with an offense is unconstitutional.

Accordingly, Judge Jamieson will direct a jury trying Mrs. Scott’s suit for $50,000 damages for false arrest to find Chief Liu and the others are liable for damages, leaving the amount to be decided by the jury.

The ruling was developed in a second all-day session in which attorneys discussed with the court the instructions to be given when the case is submitted for a verdict.

Arguments to the jury were postponed until Monday morning.

While the court’s upset of the 48-hour policy may not have any immediate effect on police procedures, it is important because it paves the way for a long-sought State Supreme Court test of its constitutionality, attorneys said.

Efforts have been made in the past to test the validity of the procedure on writs of habeas corpus for the release of persons in custody on suspicion.

However, when applications for such writs were served on police, the person in custody invariably was released, rendering "moot" the question of constitutionality.

The motion for a directed verdict in connection with Chief Liu was on the ground of his policy of holding suspects for investigation without probable cause is a violation of the Fourth Amendment.

It provides: "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath and affirmation, and particularly describing the place to be searched, and the persons or things to be seized."