State v. Dawson

205 P.3d 628, 120 Haw. 363
CourtHawaii Intermediate Court of Appeals
DecidedMay 1, 2009
Docket28406
StatusPublished
Cited by6 cases

This text of 205 P.3d 628 (State v. Dawson) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dawson, 205 P.3d 628, 120 Haw. 363 (hawapp 2009).

Opinions

Opinion of the Court by

NAKAMURA, J.

A computer cheek for warrants revealed an outstanding warrant for Defendant-Appellant Edward S. Dawson (Dawson). Upon encountering Dawson, a police officer detained Dawson for a few minutes to confirm that the physical paper warrant was still in the files of law enforcement. During this detention, the officer observed Dawson remove a glass pipe, commonly used to smoke crystal methamphetamine, from Dawson’s pocket and place it in a nearby package. Once the outstanding warrant was confirmed, Dawson was arrested on the outstanding warrant and for possession of the pipe. We hold that Dawson’s detention was lawful and that the trial court properly denied Dawson’s motion to suppress the pipe, which was found to contain methamphetamine.

Dawson appeals from the Judgment of Conviction and Sentence (Judgment) filed on January 17, 2007, in the Circuit Court of the First Circuit (circuit court).1 Plaintiff-Ap-pellee State of Hawai'i (State) charged Dawson by complaint with 1) promoting a dangerous drug in the third degree, for possessing methamphetamine (Count I) and 2) possession with intent to use drug paraphernalia (Count II). The charges were based on the methamphetamine pipe observed by the officer while Dawson was detained and later recovered after Dawson’s arrest. After a jury-waived trial based on stipulated evidence,2 the circuit court found Dawson guilty on both counts. The circuit court sentenced Dawson to five years of imprisonment on each count, to be served concurrently with each other and with a five-year term of imprisonment imposed in a separate case. The circuit court also imposed a one year mandatory minimum term on Count I based on Dawson’s status as a repeat offender.

On appeal, Dawson argues that “[t]he existence of a ‘possible warrant’ did not constitute reasonable suspicion enabling the police to detain Dawson, thus the lower court erred in denying Dawson’s motion to suppress the pipe containing residue which the police observed during his illegal detention.” For the reasons set forth below, we disagree with Dawson’s argument and affirm the circuit court’s Judgment.

BACKGROUND

Prior to trial, Dawson filed a motion to suppress evidence, seeking to suppress a three-inch glass pipe and .075 grams of white residue containing methamphetamine found within the pipe. Dawson alleged that this evidence was the fruit of a detention that was unlawful because it was not supported by reasonable suspicion. The following evidence is pertinent to our review of the circuit court’s denial of Dawson’s suppression motion.3

I.

On October 14, 2005, around noon, Honolulu Police Department (HPD) dispatch directed officers to respond to 1421 Alapai Street [366]*366to investigate the report of an outstanding stolen vehicle parked there. The address was that of an apartment complex referred to as Punchbowl Housing. Both HPD Officers Robyn Pacheco (Officer Pacheco) and Leo Kang (Officer Kang) responded to the call from dispatch.

While en route, Officer Kang asked dispatch to perform a warrant check on Edward Dawson. Officer Kang requested the warrant cheek because four or five months earlier, Officer Kang had participated in a car theft investigation in which Dawson was a suspect that involved the same 1421 Alapai Street address. Officer Kang knew that Dawson’s girlfriend, Sandra Domingo (Domingo), lived in an apartment at that address. During the prior investigation, Officer Kang located a stolen truck in the parking lot at 1421 Alapai Street and then unsuccessfully chased after a man who ran from Domingo’s apartment. When Officer Kang returned, the stolen truck was gone, and Domingo admitted that Dawson had taken the truck.

Officer Kang also recalled another incident in which he pulled over a van, apparently for expired registration and safety inspection certificates. Dawson, who had been driving the van, jumped out and ran away, and Domingo also emerged from the van.

After the stolen-truck incident, Officer Kang kept running Dawson’s name in the HPD computers and frequently went back to the area in an attempt to find Dawson. Officer Kang noticed that there was a “possible warrant” for Dawson about two weeks before he requested that dispatch perform a warrant check in this case.4 Officer Kang testified that all his beat partners knew that Dawson was a car-theft suspect and that Officer Kang was looking for Dawson. Officer Kang acknowledged, however, that he did not state over the dispatch radio that Dawson was a car-theft suspect in connection with his request for the warrant check on October 14, 2005, while en route to 1421 Alapai Street.

Officer Pacheco was the first officer to arrive at 1421 Alapai Street. Officer Pacheco testified at the suppression hearing that prior to her arrival, she heard Officer Kang request a warrant cheek for “a previous UCPV[5] suspect” named Edward Dawson and heard dispatch state that Dawson had a “possible warrant.”6 Officer Pacheco did not know what the “possible warrant” that dispatch had reported was for. Officer Pacheco had heard Dawson’s name mentioned before that afternoon but had never seen Dawson before.

Upon arriving at 1421 Alapai Street, Officer Pacheco saw a vehicle matching the description of the stolen vehicle provided by dispatch parked in one of the stalls fronting the apartment complex. Officer Pacheco checked the vehicle’s license plate and vehicle identification numbers and confirmed that the vehicle was the one reported stolen. Officer Pacheco then approached a man she saw standing outside one of the apartment units to see if he had any information that would aid her investigation. Officer Pacheco testified that when she approached the man, she did not know he was Dawson, she had no [367]*367basis to suspect that the man was engaged in any criminal activity, and she did not consider the man to be a suspect in her investigation. She stated that the man could have been a witness or an innocent bystander.

Officer Pacheco asked the man for his name and he responded, “Eddie Dawson.” Officer Pacheco immediately recognized that name from Officer Kang’s warrant check request for Edward Dawson. Officer Pacheco asked dispatch to confirm the warrant for Dawson and told Dawson to sit down. According to Officer Pacheco, at that point, she detained Dawson to confirm the warrant and he was not free to leave. Officer Pacheco agreed with defense counsel’s assertion that “by detaining Mr. Dawson, [she] suspended [her] investigation into the auto theft recovery case.”

Officer Pacheco explained her understanding of the difference between a “possible warrant” and a “confirmed warrant.” She testified that a possible warrant means that a computer search by HPD dispatch shows an outstanding warrant for the person. A warrant is confirmed when someone personally verifies that the physical paper warrant is still in the files located at HPD or the Sheriffs Department. Officer Pacheco testified in relevant part as follows:

Q. [Defense counsel] Now, what does it mean for someone to have a possible warrant?
A. [Officer Pacheco] That means that the dispatch shows the person has a warrant, but it needs to be confirmed.
Q. It means the person may or may not have a warrant?
A.

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State v. Dawson
205 P.3d 628 (Hawaii Intermediate Court of Appeals, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
205 P.3d 628, 120 Haw. 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dawson-hawapp-2009.