State v. Prendergast

83 P.3d 714, 103 Haw. 451, 2004 Haw. LEXIS 70
Hawaii Supreme Court·Decided February 2, 2004·No. 24793·Published·Cited by 40 cases

Opinions

Opinion of the Court by

DUFFY, J.

Defendant-appellant William L. Prender-gast appeals from the second circuit court’s judgment of conviction and sentence for driving under the influence of intoxicating liquor [hereinafter, “DUI”] filed on November 21, 2001. Prendergast argues that the district court erroneously denied his motion to suppress evidence recovered as a result of an anonymous tip that he was driving erratically. Based on the following, we affirm the district court’s ruling on the motion to suppress as well as the district court’s judgment of conviction and sentence.

I. BACKGROUND

At approximately 9:05 p.m. on May 7, 2001, Maui Police Department (MPD) Officer Gordon Sagun was at the Kihei Police Station. The MPD dispatcher called Officer Sagun and informed him that a caller, who identified himself as Daniel Gilbert, reported that a silver Honda Accord with license plate number EGN 656 had crossed over the center line on Honoapillani highway; thé caller reported that the Accord had almost caused [453] several head-on collisions and had almost hit a guardrail. The caller told the dispatcher that the Accord had turned on to North Klhei Road, and the dispatcher relayed this information to Officer Sagun. The dispatcher also informed Officer Sagun that the caller was on the other line and was calling from a cellular phone.

At approximately 9:13 p.m., Officer Sagun was traveling north on North Klhei Road when he saw a line of vehicles, including an Accord matching the caller’s description, traveling south on North Klhei Road. Officer Sagun testified that there were three or four ears in front of the Accord and two or three cars behind it, and that the cars “were all pretty much bunched together.” After he passed the Accord and the other cars, Officer Sagun turned around. He had already activated his blue lights and siren; the two or three cars behind the Accord pulled over, and Officer Sagun was able to catch up with the Accord.

Officer Sagun did not personally observe the Accord moving erratically. Instead, he pulled over the Accord as soon as he turned around. He testified that “the call came down as a reckless driver; I wanted to stop him already. He almost caused a head-on collision, that’s what the caller was saying.”

The caller indicated that he was a tourist and was unable to stop because he was going to the airport. The district court found that there was no further information about the caller other than that his name was Daniel Gilbert.

The prosecution subsequently charged the driver, Prendergast, with driving under the influence of intoxicating liquor in violation of Hawai'i Revised Statutes (HRS) § 291-4(a)(1) (Supp.2000)1 and with reckless driving of a vehicle in violation of HRS § 291-2 (Supp.2000).2 Prendergast moved to supr press the evidence obtained from the war-rantless search and seizure of his person and property. The district court, the Honorable Barclay E. MacDonald presiding, denied the motion to suppress. Prendergast subsequently entered a plea of no contest to DUI, conditioned upon his right to appeal the denial of his motion to suppress; in exchange, the prosecution dismissed the count of reckless driving. Prendergast filed a notice of appeal with this court on December 20, 2001.

II. STANDARDS OF REVIEW

A. Constitutional Law

“We answer questions of constitutional law by exercising our own independent judgment based on the facts of the case. Thus, we review questions of constitutional law under the ‘righVwrong’ standard.” State v. Jenkins, 93 Hawai'i 87, 100, 997 P.2d 13, 26 (2000) (citations and internal quotation signals omitted).

B. Motion to Suppress

“An appellate court reviews a ruling on a motion to suppress de novo to determine whether the ruling was ‘right’ or ‘wrong.’ ” State v. Rodgers, 99 Hawai'i 70, 72, 53 P.3d 209, 211, recons. denied, 98 Hawai'i 506, 51 P.3d 373 (2002).

III. DISCUSSION

A. A Traffic Stop is a “Seizure” Under the Fourth Amendment to the United States Constitution and Article I, Section 7 of the Hawai'i Constitution.

The United States Supreme Court has held that when a police officer stops an auto[454] mobile and detains its occupants, a “seizure” occurs so as to implicate the fourth and fourteenth amendments to the United States Constitution.3 Delaware v. Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979); State v. Bolosan, 78 Hawai'i 86, 92, 890 P.2d 673, 679 (1995).4

We presume that a warrantless search or seizure is invalid unless and until the prosecution proves that the search or seizure falls within a well-recognized and narrowly defined exception to the warrant requirement. State v. Lopez, 78 Hawai'i 433, 442-43, 896 P.2d 889, 898-99 (1995). If the prosecution fails to meet this burden, the evidence obtained from the illegal search will be suppressed as “fruit of the poisonous tree.” State v. Fukusaku, 85 Hawai'i 462, 475, 946 P.2d 32, 45 (1997); see also Wong Sun v. United States, 371 U.S. 471, 484-85, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).

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State v. Prendergast, 83 P.3d 714, 103 Haw. 451, 2004 Haw. LEXIS 70 (haw 2004).

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