State v. Paahana

666 P.2d 592, 66 Haw. 499, 1983 Haw. LEXIS 138
CourtHawaii Supreme Court
DecidedJuly 21, 1983
DocketNO. 8654
StatusPublished
Cited by53 cases

This text of 666 P.2d 592 (State v. Paahana) 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. Paahana, 666 P.2d 592, 66 Haw. 499, 1983 Haw. LEXIS 138 (haw 1983).

Opinions

[500]*500OPINION OF THE COURT BY

LUM, C.J.

The State appeals from the trial court’s order which granted defendant-appellee’s motions to suppress incriminating statements made by defendant and a handgun seized by police officers without a warrant. For the reasons set forth below, we reverse the trial court’s order with regard to the suppression of defendant’s statements and affirm the order with regard to the suppression of the gun.

I.

On September 7, 1981, Nicholas Slate called the police to report that defendant Edward Paahana had threatened him with a gun partially covered by a blue cloth. Three policemen, Officers Earl White, Carlton Young, and Gregory Lefcourt, responded to Slate’s call and arrived at the scene to investigate the terroristic threatening complaint. Slate, who knew defendant, directed the police to defendant’s house.

As they approached the house, the officers saw defendant emerge from a separate, enclosed laundry room built underneath the main one-story structure. The officers also noticed [501]*501several marijuana plants growing along the walkway and around the stairs of the residence.

Officer White informed defendant that they were investigating the terroristic threatening complaint made by Slate. Officer Young asked defendant if he was Edward Paahana and defendant responded that he was. Young then asked defendant if he was aware that growing marijuana was illegal. At about the same time, Young began uprooting the marijuana plants. At this point, defendant exclaimed, “Don’t take my plants! It took me three months to grow them. I was just growing them for my brother.... You want me to go on welfare? I need the money.... All my hard work for nothing.” Young did not ask further questions and continued pulling out the plants.

There is some confusion in the record as to what happened next. According to Officer White’s police report, defendant “was nervous and he appeared trying to change the subject and move away from the door of the area below the house.” At the suppression hearing, however, White testified that defendant had “stepped back into the washroom.” In any event, White immediately escorted defendant away from the laundry room area and frisked defendant for weapons. White did not find any weapons on defendant’s person.

While Officer Lefcourt guarded defendant several feet away from the laundry room door, near the stairs leading to the house, Officer White entered the laundry room to continue his search for weapons. White spotted a pair of protruding handgun grips partially hidden by a blue cloth on a table in the corner of the room, approximately six to eight feet from the doorway. Upon lifting the cloth, White discovered a .44 magnum pistol.

While Officer White was investigating the laundry room, Officer Young placed defendant under arrest for promotion of a detrimental drug. When White emerged from the laundry room with the gun he had seized, he arrested defendant on the additional charge of terroristic threatening.

The trial court subsequently granted defendant’s motion to suppress his statements regarding the marijuana plants because of the officers’ failure to inform defendant of his Miranda rights prior to questioning him about the marijuana. In the same order, the court also granted defendant’s motion to [502]*502suppress the use of the pistol as evidence on the grounds that there were no exigent circumstances which would justify its warrantless seizure. The State appeals from the order of suppression.

II.

The first issue raised by the State’s appeal is whether Officer Young’s question about the marijuana plants constituted custodial interrogation requiring prior recitation of Miranda warnings.

It is by now a fundamental tenet of criminal law that “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.”1 Miranda v. Arizona, 384 U.S. 436, 444 (1966). Accord, State v. Melemai, 64 Haw. 479, 643 P.2d 541 (1982); State v. Amorin, 61 Haw. 356, 604 P.2d 45 (1979). Conversely, if defendant’s statements were made independently of any custodial interrogation, prior Miranda warnings need not be given and defendant’s statements are admissible at trial. See State v. Sugimoto, 62 Haw. 259, 614 P.2d 386 (1980); State v. Patterson, 59 Haw. 357, 581 P.2d 752 (1978); State v. Pahio, 58 Haw. 323, 568 P.2d 1200 (1977).

To be considered custodial interrogation, an officer’s questions or actions must be of such a nature that would “ ‘subjugate the individual to the will of his examiner’ and thereby undermine the privilege against compulsory self-incrimination.” Rhode Island v. Innis, 446 U.S. 291, 299 (1980) (quoting Miranda v. Arizona, 384 U.S. at 457-58). In determining whether a defendant’s statement was made in a custodial [503]*503context, the totality of circumstances must be considered, including the time, place and length of the interrogation, the nature of the questions asked, the conduct of the police at the time of the interrogation, and any other pertinent factors. See State v. Melemai, 64 Haw. at 481, 643 P.2d at 544; State v. Sugimoto, 62 Haw. at 265, 614 P.2d at 391; State v. Patterson, 59 Haw. at 361, 581 P.2d at 755. In determining whether an officer’s questions constitute interrogation, the test is whether the officer should have known that his words and actions were reasonably likely to elicit an incriminating response from the defendant. Rhode Island v. Innis, 446 U.S. at 301.

At the time Officer Young asked defendant if he knew that growing marijuana plants was illegal, the officers’ investigation of the terroristic threatening complaint was still in its preliminary stages. Questioning of defendant at thát point was still brief and casual and not yet coercive or sustained. See People v. Manis, 268 Cal. App. 2d 653, 669, 74 Cal. Rptr. 423, 433 (1969). The officers’ questions prior to defendant’s statements fell within the category of general on-the-scene questioning which the police may permissibly ask in the exercise of their traditional investigatory functions. See State v. Melemai, 64 Haw. at 481-82, 643 P.2d at 544; State v. Patterson, 59 Haw. at 361-62, 581 P.2d at 755.

Moreover, defendant’s statements were not responsive to the question asked, “Don’t you know that growing marijuana plants is illegal?”, but were instead spontaneously volunteered without compulsion or reasonable provocation. After defendant’s outburst, Officer Young did not ask any further questions or press defendant for more information.

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Bluebook (online)
666 P.2d 592, 66 Haw. 499, 1983 Haw. LEXIS 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-paahana-haw-1983.