State v. Eleneki

102 P.3d 1075, 106 Haw. 177, 2004 Haw. LEXIS 814
CourtHawaii Supreme Court
DecidedDecember 22, 2004
Docket25167
StatusPublished
Cited by21 cases

This text of 102 P.3d 1075 (State v. Eleneki) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Eleneki, 102 P.3d 1075, 106 Haw. 177, 2004 Haw. LEXIS 814 (haw 2004).

Opinions

Opinion of the Court by

ACOBA, J.

We hold that the police stop of Defendant-Appellant Jasmine Eleneki (Eleneki) was unlawful under Article I, Section 71 of the Hawai'i State Constitution, and therefore everything seized thereafter from her vehicle should have been suppressed. State v. Bonds, 59 Haw. 130, 138, 577 P.2d 781, 787 (1978) (stating where “[t]he stop of the vehicle constituted an unreasonable seizure!,] ... the evidence so obtained was inadmissible”). Because such evidence was illegally seized, we vacate the April 18, 2002 judgment of conviction of the circuit court of the second circuit2 (the court) and remand the case for disposition in accordance with this opinion.

I.

On May 9, 2001, Plaintiff-Appellee State of Hawai'i (the prosecution) filed a five-count complaint in the court charging Eleneki with drag related offenses. On August 15, 2001, Eleneki filed a motion to suppress evidence recovered from Eleneki’s vehicle after the stop. On November 13, 2001, and December 13, 2001, the court conducted hearings on the motion to suppress. On February 7, 2002,' the court denied the motion to suppress and issued its “Findings of Fact (“findings”), Conclusions of Law (“conclusions”), and Order Denying [Eleneki’s] Motion to Suppress Statements and Evidence (“order”).” The court entered the following pertinent and unchallenged findings:

1. All events and occurrences giving rise to the charges contained in the indictments herein occurred in the County of Maui, State of Hawaii, and venue is properly in the above-entitled [c]ourt;
2. This [c]ourt has jurisdiction over Defendant and this case and cause;
3. On April 30, 2001, at about midday, Sergeant Anthony Poplardo and other officers of the MPD vice narcotics division executed two search warrants on Kihei residences located in the Uwapo Road Apartments.
4. The 'tenant of one of those apartments, Scott Chong [“Chong”], was arrested for the offense of Promoting a Dangerous Drug in the Third Degree, methamphetamine, as was an occupant of the second apartment that was also the subject premises of a search warrant. That the occupants of both apartments [179]*179were working in conjunction to distribute methamphetamine;
5. Sergeant Poplardo spoke with ... Chong and the other individual arrested at the Wailuku police station;
6. Sergeant Poplardo knew ... Chong for over one year. Chong provided information on numerous occasions to both Sergeant Poplardo and other vice narcotics officers, and was considered a reliable informant;
8. Chong and the other individual arrested at the Uwapo Apartments on April 30, 2001, both informed Sergeant Poplardo that [Eleneki] was a supplier of Crystal Methamphetamine and cocaine in the Kihei area;
10. That on the evening of April SO, 2001, after speaking with Sergeant Poplar-do, ... Chong was released from police custody. Chong was picked up by a female in a white Chrysler PT Cruiser, and Sergeant Poplardo recognized the driver of the PT Cruiser to be the Defendant;
11. On the morning of May 1, 2001, Sergeants Anthony Poplardo and Chris Navarro were looking for ... Chong. The purpose of seeking ... Chong was to speak to him regarding. the distribution of drugs and to serve him ivith an outstanding arrest warrant ...;
12. That the officers were in an unmarked police car when they saw the white Chrysler PT Cruiser, License Number MGH 494 in the parking lot at 1900 Main Street, Wailuku, near the Minute Stop store;
13. That Sergeant Poplardo could see that [Eleneki] was the driver of the car, and that there were two other occupants in the car; however, he was unsure if ... Chong ivas one of the passengers;
14. Sergeant Poplardo followed the vehicle east on Main Street, then on to Kaa-humanu Avenue, then onto Wahine Pio Drive, then stopped the car using blue light and siren. The car was stopped near Keo-pulani Park at approximately 11:15 a.m. or 11:20 a.m.;
25. At approximately 11:30 a.m., Officer William Gannon arrived with his drug detection dog “BEN”, and Sergeant Po-plardo turned the investigation over to him;
26. “BEN” alerted to the vehicle, and Officer Gannon then seized the vehicle and had it towed to the Wailuku Police Station;
27. That Sergeant Poplardo and Officer Gannon obtained a search warrant, Number 2001-48, the subject premises being the white Chrysler PT Cruiser, Hawaii License number MGH 494;
28. That on May 1, 2001, at 6:50 p.m., the search warrant was executed, and [certain] items were recovered, and photographs of same were entered into evidence for purposes of th[e] hearing[.]

(Emphases added.)

Based on its findings, the court issued the following relevant conclusion:

4. The [c]ourt finds that with respect to the traffic stop, Sergeant Poplardo clearly possessed information that would cause a person of reasonable caution to believe that criminal activity was afoot and that the action taken was appropriate. Taking into account Sergeant Poplardo’s knowledge that Scott Chong was a user of drugs who associated with Defendant, information provided, that Defendant was a known supplier of drugs, and also the existence of an outstanding arrest warrant for Scott Chong, along with other factors, a reasonable person would clearly suspect that the criminal activity was afoot, and the appropriate action was to conduct an investigative stop of the vehicle.

(Emphasis added.)

On February 19, 2002, Eleneki entered a conditional plea of no contest to Counts I through V and reserved her right to seek appellate review of the motion to suppress. Based on the court’s findings, the evidence recovered was material proof of the offenses for which she was convicted. On April 18, 2002, judgment was entered and Defendant was convicted as charged of (1) promoting a dangerous drug in the first degree, Hawai'i Revised Statutes (HRS) § 712-1241(l)(a)(i) [180]*180(Supp.2002) (Count I); (2) prohibited acts related to drug paraphernalia, HRS § 329-43.5(a) (1993) (Counts II and IV); (3) promoting a dangerous drug in the second degree, HRS § 712-1242(l)(b)(i) (1993) (Count III); and (4) promoting a detrimental drug in the third degree, HRS § 712-1249(1) (1993). She was sentenced to concurrent terms of incarceration. On June 17, 2002, Eleneki filed a notice of appeal challenging the April 18, 2002 judgment.

On appeal, Defendant challenges, inter alia,

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Cite This Page — Counsel Stack

Bluebook (online)
102 P.3d 1075, 106 Haw. 177, 2004 Haw. LEXIS 814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-eleneki-haw-2004.