State v. Spillner

173 P.3d 498, 116 Haw. 351, 2007 Haw. LEXIS 376
CourtHawaii Supreme Court
DecidedDecember 24, 2007
Docket27722
StatusPublished
Cited by33 cases

This text of 173 P.3d 498 (State v. Spillner) 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. Spillner, 173 P.3d 498, 116 Haw. 351, 2007 Haw. LEXIS 376 (haw 2007).

Opinions

Opinion of the Court by

LEVINSON, J.

On July 20, 2007, the defendant-appellant-petitioner Michael Spillner filed an application for a writ of certiorari urging this court to review the summary disposition order (SDO) of the Intermediate Court of Appeals (ICA) in State v. Spillner, No. 27722, 113 Hawai'i 507, 155 P.3d 690, 2007 WL 1114121 (Haw.App. Apr. 13, 2007) [hereinafter, “the ICA’s SDO”], which affirmed the ‘Ewa district court’s January 4, 2006 judgments, the Honorable Valerie W.H. Chang presiding, convicting him of and sentencing him for one count each of driving while unlicensed, in violation of Hawai'i Revised Statutes (HRS) § 286-102 (1993 & Supp.2002) (offense one), and driving without motor vehicle insurance, in violation of HRS § 43L10C-104 (Supp. 1997) (offense two). In his application, Spill-ner asserts that the district court erred: (1) in denying his motion to suppress the fruits of the March 1, 2005 traffic stop, during which Honolulu Police Department Officer Arthur Takamiya cited Spillner for offenses one and two; and (2) in convicting him on the basis of illegally obtained evidence. On August 21, 2007, this court granted Spillner’s application and, on October 31, 2007, we heard oral argument.

For the reasons discussed herein, we conclude that Spillner’s points of error are ultimately meritless and, therefore, affirm the ICA’s April 24, 2007 judgment on appeal.

I. BACKGROUND

On February 15, 2005, Officer Takamiya stopped Spillner for sporting illegal window tinting on his vehicle and, during the stop, determined that Spillner had neither a valid driver’s license nor insurance for his vehicle. Officer Takamiya stopped Spillner’s vehicle again, a week later, upon observing that the illegal tinting had not been removed. At the time of the second stop, Spillner’s girlfriend was driving the vehicle, which, Officer Taka-miya determined, was still uninsured. Then, on March 1, 2005, Officer Takamiya once again stopped Spillner, driving the same vehicle, and cited him for offenses one and two.

A. Spillner’s Pretrial Motion To Suppress And The Trial

On August 15, 2005, Spillner filed a motion to suppress “evidence obtained from war-rantless ... seizures of [Spillner] and/or [his] property,” which the district court consolidated with its bench trial. Spillner asserted that:

[354]*3541. ...
a. ... [T]he justification for the search and seizure conducted by ... [Ojfficer [Takamiya] was based on prior contact with [Spillner],
b. ... [0]fficer [Takamiya] could not have known if [Spillner] had obtained a driver’s license or ... insurance[ ] subsequent to the prior contact....
[[Image here]]
e. The interrogation effectuated upon [Spillner] constituted a seizure.
2. The stop and seizure of [Spillner]’s person and property was not supported by ... a reasonable suspicion based on specific articulable facts ... that any criminal activity was afoot.
[[Image here]]
4. The charges against [Spillner] constitute fruits of the unlawful stop and seizure.
[[Image here]]
... “[B]ut for” the unlawful invasion, the evidence ... would not have been obtained.

(Citing U.S. Const. amends. IV (prohibiting “unreasonable searches and seizures”), XIV (concerning due process); Haw. Const, art. I, § 7 (prohibiting “unreasonable searches, seizures and invasions of privacy”); State v. Bolosan, 78 Hawai'i 86, 890 P.2d 673 (1995).)

On November 30, 2005, the district court conducted both the trial and the hearing on Spillner’s motion to suppress. The only witness was Officer Takamiya, who testified for the plaintiff-appellee-respondent State of Hawaii [hereinafter, “the prosecution”]. The prosecution elicited the following testimony on direct examination:

Q ... [W]ere you assigned on foot or in a vehicle on March lst[, 2005]?
A In a vehicle.
Q And what brought your attention to [Spillner] ...
[[Image here]]
... [o]n that very day?
[[Image here]]
A I saw ... [his] vehicle making a right turn....
[[Image here]]
Q And what brought your attention to [him?] I know you saw the vehicle, but what made it stand out?
A ... [0]ne to two weeks prior to this day, I cited ... Spillner in the exact same vehicle for having illegal front tints and no driver’s license and no insurance.
Q ... [Y]ou were able to recognize the defendant?
A Yes.
Q He was fresh on your mind?
A Yes.
Q And did you recognize the ear[ ] or ... the person?
A ... [B]oth.
[[Image here]]
Actually, I recognized the car first and then I could see through the front windshield because the tints were removed, ... and I could see ... Spillner driving.
Q And you recognized his face?
A Yes.
Q ... Upon making this observation, what were you thinking?
A That ... Spillner was driving without a license and no insurance.
Q And what made you ... think that?
A Because I cited him one to two weeks prior[ ]
[[Image here]]
... [f]or driving without [a] license and ... without insurance and also the illegal ... tinted windshield.
Q So, upon making these observations, what was your next move?
[[Image here]]
A I located him between a quarter mile to half a mile up the street....
[[Image here]]
Q ... And he....
A ... pulled over.
Q ... [A]nd once you stopped, who did you see behind the wheel?
A ... Spillner.
[[Image here]]
Q ... Was he alone in the vehicle?
A Yes.
[355]*355Q And did you ask him for his ... license?
A I did knowing that he didn’t have one, but I still asked him for one.
Q And what was his response?
A He said he doesn’t have one.
.... [ (Objection to speculation overruled.) ]
Q ... [D]id [Spillner] make any statements at this point?

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Cite This Page — Counsel Stack

Bluebook (online)
173 P.3d 498, 116 Haw. 351, 2007 Haw. LEXIS 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-spillner-haw-2007.