State v. Naeole

910 P.2d 732, 80 Haw. 419, 1996 Haw. LEXIS 11
CourtHawaii Supreme Court
DecidedJanuary 30, 1996
Docket17776
StatusPublished
Cited by24 cases

This text of 910 P.2d 732 (State v. Naeole) 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. Naeole, 910 P.2d 732, 80 Haw. 419, 1996 Haw. LEXIS 11 (haw 1996).

Opinion

NAKAYAMA, Justice.

The State of Hawai'i (the State) appeals from an order of the circuit court granting a motion to suppress evidence seized from Ellen Naeole (Appellee). 1 The State contends that the circuit court erred in holding that the evidence was unlawfully seized in violation of Appellee’s constitutional right to be free from unreasonable searches and seizures. 2 The circuit court held that, because *421 the State seized the evidence without a warrant and without Appellee’s consent, the seizure was invalid and the evidence inadmissible. On appeal, the State contends that the evidence was lawfully seized in a search incident to a lawful arrest. 3

For the reasons stated below, we agree with the State and reverse the circuit court’s order and remand the case for further proceedings.

I. FACTS

On April 2, 1992, at approximately 12:45 a.m., Honolulu Police Department (HPD) Sergeant Alan Anami (Anami), as part of an investigation in response to vice complaints, was sitting in his police car watching the Hotel Street area for signs of narcotic trafficking. He observed a man approaching, and being approached by, people whom Ana-mi knew had used drugs. Anami observed Appellee walking with the man and then entering a bar with him. When Appellee and the man left the bar, they were followed by HPD Officer Buchannon (Buchannon). Ana-mi then heard over his police radio that Buchannon had stopped the man, but had lost sight of Appellee.

Anami drove towards the area where Ap-pellee was last seen. He arrived in the area and exited his car, leaving the motor running. With his flashlight, Anami walked down the street looking for Appellee. Meanwhile, Bu-ehannon remained with, and questioned, the man who had been walking with Appellee.

As he was walking down the street, Anami spotted Appellee dozing in the front passenger seat of a parked vehicle. Anami approached the vehicle and shined his flashlight inside. Anami observed a plastic bag containing two paper packets in Appellee’s hand. Although he did not see any narcotics, Anami believed the packets were “bindles”—a street vernacular for folded paper containers of narcotics. In an effort to get Appellee’s attention, Anami knocked on one of the vehicle’s windows. Appellee awoke from the sound of Anami knocking, looked out the window, and saw Anami who was shining his flashlight on his police badge.

Anami told Appellee to unlock the door and exit the vehicle. As she exited, Anami observed Appellee “put[ting] something down the front of her pants.” As Appellee exited the vehicle, she held a jacket around her arm. Not knowing what was in her jacket or what the jacket may have been covering, Anami ordered Appellee to place the jacket on the roof of the vehicle. After Appellee exited the vehicle, Buchannon, who had by this time finished questioning the man who had been walking with Appellee, arrived at the scene. Anami told Buchannon to watch Appellee while he parked his car. When Anami returned, he observed the jacket, now on the hood of the car, adjacent to other drug paraphernalia. However, the bindles that he had earlier observed were not among the items on the hood of the car. Because he presumed that Buchannon had not allowed Appellee to leave or discard anything, Anami reasoned that Appellee must have had the bindles he had previously seen in her possession. Anami then remembered that Appellee had put something down the front of her pants when she exited the vehicle. Anami looked at Appellee’s tight fitting, “spandex” stretch pants, and noticed “lumps” in the front of her pants. Anami concluded that the lumps resulted from Appellee placing the bindles down the front of her pants.

*422 Anami ordered Appellee to “pull out whatever she had stuffed down the front of her pants.” Appellee removed two paper bindles that were not in the plastic bag that he had previously observed. Seeing that Appellee still had lumps in the front of her pants, Anami asked her, “what else you got inside there?” Appellee reached into her pants and produced the plastic bag containing two more bindles. Anami then placed Appellee under arrest for knowingly possessing a dangerous drug in the third degree, in violation of HRS § 712-1243(1) (1993). 4

Prior to trial, Appellee moved to suppress the bindles on the grounds that the search of her pants and the resulting seizure of the bindles violated her constitutional right to be free from unreasonable searches and seizures. The circuit court held that, because Appellee did not consent to the search of her pants, the seizure of the bindles violated Appellee’s constitutional right to be free from unreasonable searches and seizures. Consequently, the circuit court suppressed the evidence. 5 This appeal followed.

II. STANDARD OF REVIEW

“A court’s COL [conclusions of law] are reviewed under the right/wrong standard. Under the right/wrong standard, we examine the facts and answer the question without being required to give any weight to the trial court’s answer to it.” State v. Meyer, 78 Hawai'i 308, 311, 893 P.2d 159, 162 (1995) (citations and quotations omitted).

III. DISCUSSION

Both the fourth amendment to the United States Constitution and article I, section 7 of the Hawaii Constitution ensure that an individual’s legitimate expectations of privacy will not be subjected to unreasonable governmental intrusions. State v. Bonnell, 75 Haw. 124, 136, 856 P.2d 1265, 1272 (1993). When a governmental intrusion does not invade an individual’s legitimate expectation of privacy, “there is no ‘search’ subject to the Warrant Clause.” Illinois v. Andreas, 463 U.S. 765, 771, 103 S.Ct. 3319, 3324, 77 L.Ed.2d 1003 (1983). However, governmental agents are prohibited from searching through an individual’s belongings at will. See In re Jane Doe, 77 Hawai'i 435, 439, 887 P.2d 645, 649 (1994). In order to search an area in which an individual has a reasonable expectation of privacy, government officials are required to obtain a search warrant to assure that such searches will be based on probable cause and be limited in their scope. “The basic purpose ... [of these constitutional provisions] is to safeguard the privacy and security of individuals against arbitrary invasions by government officials.” Bonnell, 75 Haw. at 136, 856 P.2d at 1272 (brackets in original and internal quotation marks omitted) (citing Camara v. Municipal Court, 387 U.S. 523, 528, 87 S.Ct.

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Bluebook (online)
910 P.2d 732, 80 Haw. 419, 1996 Haw. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-naeole-haw-1996.