State v. Silva

979 P.2d 1137, 91 Haw. 111
CourtHawaii Intermediate Court of Appeals
DecidedMay 5, 1999
Docket21392
StatusPublished
Cited by15 cases

This text of 979 P.2d 1137 (State v. Silva) 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. Silva, 979 P.2d 1137, 91 Haw. 111 (hawapp 1999).

Opinions

Opinion of the Court by

WATANABE, J.

In this appeal from a February 24, 1998 Judgment entered by the Circuit Court of the First Circuit (the circuit court), Defendant-Appellant Brandon Silva (Defendant) alleges that the circuit court reversibly erred when it convicted him of Promoting a Dangerous Drug in the Third Degree, a violation of Hawaii Revised Statutes (HRS) § 712-1243 (1993 & Supp.1998),1 and Unlawful Use of Drug Paraphernalia, a violation of HRS § 329-43.5(a) (1993).2

Specifically, Defendant contends that the circuit court improperly denied his motion to suppress evidence which had been recovered by police during a frisk of his person because: (1) the frisk occurred after the police illegally ordered Defendant to exit his car; (2) the police did not have cause to detain Defendant in order to run a warrant check, and therefore, any frisk conducted after Defendant’s arrest on outstanding traffic warrants was unauthorized; and (3) there was insufficient evidence to support the circuit court’s finding that the evidence would have been inevitably discovered by the police.

We affirm the judgment below.

BACKGROUND

On August 13, 1997, a female who lived at 41-867 Laumilo Street in Waimanalo (Complainant) called the Honolulu Police Department (HPD) to report that a man was sleeping in his car which was parked on her front lawn. Complainant also relayed that the man had taken her trash can and placed it in his car. HPD Officers Ronald Lopes (Officer Lopes), Russell Oshiro (Officer Oshiro), and [113]*113Baron Lee (Officer Lee) were directed to investigate the complaint.

At a February 2, 1998 hearing on Defendant’s Motion to Suppress Evidence, Officer Lopes testified that when he arrived at the Laumilo Street address, he spoke with Complainant, who pointed to a male, later identified as Defendant, who was sleeping in the reclined driver’s seat of his car which was parked between two trees on Complainant’s front lawn. Complainant informed Officer Lopes that she had retrieved her trash can from Defendant’s car while Defendant was sleeping.

Officer Lopes testified that he subsequently awoke Defendant by calling out “hey, hey” and reaching through the open driver’s window to shake Defendant. Officer Lopes then asked Defendant for some personal identification. Defendant replied that he did not have any identification but that his name was Brandon Silva. Officer Lopes stated that because there was “a lotta stuff in the car ... tools, clothing, bags of clothing, [which] pretty much covered the front seat and the back hatch area[,]” he felt “somewhat insecure about having [Defendant] stay in the car.” He therefore asked Defendant to step out of the car,3 did a routine warrant check, discovered that Defendant had three outstanding traffic warrants, had dispatch confirm the warrants, and placed Defendant under arrest based on the traffic warrants.

Officer Lopes further testified that after the arrest, he handcuffed Defendant, then conducted a patdown of him. Upon frisking Defendant’s right side, he discovered three lighters in the right front pocket of Defendant’s jeans. Thereafter, according to Officer Lopes, the following transpired:

A ... I removed the lighters and I turned [Defendant] to his left, and before I did the patdown, I could see the bulb of a glass pipe was in his left pocket, and in that pipe had crystal residue resembling crystal methamphetamine.
Q So, did you recover the lighters?
A Yes.
Q And after making observations of the pipe, did you recover the pipe?
A Yes, I did.
Q And how did you do so?
A I reached in and I pulled it out of his, he had jeans on, and I pulled it out of his pocket.
Q Did you have to dig into his pocket to pull it out?
A It was a little tight, but, I mean it was right there, I can just use my two fingers to pull it out.
⅜ * ⅜
Q Where was the pipe in relation to his pants pocket?
A It was like right at the edge of the, I guess you would consider the outer edge of the pocket. It was right about there.
Q So, you could actually see it?
A Yeah, the pocket was open about an inch and a half or maybe half an inch or something.

Officer Lopes further recalled that when he “lifted” the pipe from Defendant’s pocket, a clear packet of what appeared to be crystal methamphetamine was attached to the pipe.

Defendant’s version of what happened after he was awakened by Officer Lopes on the day in question differed slightly from Officer Lopes’s version. Defendant testified that after he was awakened, Officer Lopes asked him who he was and asked him to step out of the car. Officer Lopes also mentioned something about a rubbish can that was in Defendant’s car, but Defendant “didn’t know what they meant cause when I got up, there was no rubbish can in my car.” As to the cireum-[114]*114stances of his arrest for the outstanding traffic warrants, Defendant testified:

Q When they told you you were being placed under arrest for traffic warrants, did you understand that?
A Yes, I had told him before the warrants, before he even called that I had traffic warrants.
Q Okay. So, he confirmed them and then he —
A Yeah.

Regarding the frisk which occurred after his arrest, Defendant testified, in relevant part, as follows:

Q Okay. What happened next?
A He had asked me if I had anything in my pockets?
Q Who’s he?
A Officer Lee.
Q Okay. What did you do in response to that question?
A I said, I didn’t know. Then I put my hands in my pocket, I pulled out a pack of cigarettes, two lighters, and I had two pipes in my pocket.
Q And what kind of pipes were they?
A They were the same one that was in my left hand pocket.
Q Okay. So, they were drug pipes?
A Yes.
Q Okay. You pulled those out of your right pocket and handed those to Officer Lee?
A I proceeded to hand him the cigarettes which they took and the two lighters, and I offered the two pipes to him. He then instructed me to throw them on the ground and step on them, which I did.
After that occurred, Officer Lopes had handcuffed me, placed me under arrest. I wasn’t able to go into any other pockets to get out any contents that was in there because I was already handcuffed.
Q Okay. And what happened next?

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State v. Silva
979 P.2d 1137 (Hawaii Intermediate Court of Appeals, 1999)

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Bluebook (online)
979 P.2d 1137, 91 Haw. 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-silva-hawapp-1999.