JONATHAN BURGE

Attorney at Law

The federal court for the District of Hawaii is located directly across from Honolulu Circuit Court, where State Felonies are prosecuted.  Despite their physical proximity, the law and procedures are worlds apart.

The laws are so different, it is like practicing in two different states, just by crossing the street.  The federal courts are fairly conservative, and Hawaii courts are more liberal.

A prime example of this has to do with the airport walk and talks.  Under federal law, agents can approach you after you get off a plane if you fit their "profile" and ask you questions, including the ability to search you.  If you wanted to, you could tell them to go to hell and keep on walking.  However, most people are intimidated by the police and agree to the search.  The Hawaii Supreme Court recognized the police intimidation factor and said that the police had to tell the people that they did not have to speak with them, or allow the police to search them.

Rather than follow the simple instructions of the Hawaii Supreme Court, local police did one better.  They were sworn as DEA agents, and all such airport arrests are processed federally, thus circumventing local law.  Remember that these local "DEA agents" are actually local officers, paid by the various counties.  As I said, practicing in each jurisdiction is like night and day.

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