State v. Vallesteros

933 P.2d 632, 84 Haw. 295
CourtHawaii Supreme Court
DecidedMarch 6, 1997
Docket18918
StatusPublished
Cited by35 cases

This text of 933 P.2d 632 (State v. Vallesteros) 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. Vallesteros, 933 P.2d 632, 84 Haw. 295 (haw 1997).

Opinion

RAMIL, Justice.

Plaintiff-appellant State of Hawai'i (the prosecution) appeals from the First Circuit Court’s order granting Defendant-appellee Reynaldo Vallesteros’s (Vallesteros) Motion for Reconsideration of Order Denying Motion to Suppress Items of Evidence. On appeal, the prosecution contends the circuit court erred when it suppressed a handgun that police observed after they ordered Val-lesteros out of his car to arrest him for driving without a license (DWOL), a violation of Hawai'i Revised Statutes (HRS) § 286-102. 1 For the reasons discussed below, we vacate the suppression order, remand for trial, and overrule State v. Bolosan, 78 Hawai'i 98, 890 P.2d 685 (App.1994), aff'd in part and rev’d in part 78 Hawai'i 86, 890 P.2d 673 (1995), and State v. Veniegas, 80 Hawai'i 75, 905 P.2d 50 (App.1995), in part.

I. BACKGROUND

While patrolling the Kalihi area on January 25, 1994, at approximately 11:25 a.m., Honolulu Police Department (HPD) Officer Lee Kitano (Officer Kitano) observed the passenger in the vehicle in front of him toss what appeared to be a cigarette butt out of the passenger’s side window. Intending to cite both the passenger and the driver for littering from vehicles, 2 Officer Kitano turned on his lights and siren and stopped the vehicle as it turned onto Dillingham Boulevard from Kalihi Street.

Officer Kitano explained to Vallesteros, the driver of the car, that his female companion had thrown something out of the window and requested Vallesteros’s driver’s license, no-fault insurance card, and registration. Police Officer Donald Stafford (Officer Stafford) arrived at the scene and positioned himself near the passenger side of the vehicle to provide “cover” for Officer Kitano. Valleste-ros produced the registration and no-fault *298 information, but informed Officer Kitano that he did not have a license.

When Officer Kitano asked Vallesteros for his name and address, Vallesteros complied but gave the name “Velasquez.” Upon checking with HPD Dispatch, Officer Kitano confirmed that “Reynaldo Velasquez” was not a licensed driver and directed Officer Stafford to arrest Vallesteros for DWOL. Officer Stafford informed Vallesteros that he was under arrest and ordered him out of the vehicle. As Vallesteros opened the car door to comply with the request, Officer Stafford observed him make a kicking motion with one leg, as if Vallesteros were trying to shove something underneath the seat. Officer Stafford grabbed Vallesteros by the arm, looked in the car, and spotted a revolver on the floor in front of the driver’s seat.

Subsequently, on August 10, 1994, Val-lesteros was indicted for place to keep firearm loaded with ammunition (Count I), in violation of HRS §§ 134—6(d) and (e), and DWOL (Count II). On February 6, 1995, Vallesteros filed a motion to suppress the handgun. He argued that the police had no authority to order him from the vehicle for DWOL and, because the handgun became visible only after he exited his car, it should be suppressed as evidence.

Vallesteros cited to the decision of the Intermediate Court of Appeals (ICA) in Bo-losan, swpra, to support his argument. At that time, Bolosan was on appeal by writ of certiorari to this court. This court, however, did not address the issue of police authority to order a driver out of a car for DWOL. 3 State v. Bolosan, 78 Hawai'i 86, 88 & n. 4, 890 P.2d 673, 675 & n. 4. Consequently, the circuit court concluded that the Supreme Court had let stand the portion of the ICA’s decision that held that police are not authorized to physically arrest or order an individual out of a vehicle for the offense of DWOL.

On appeal, the prosecution claims that Hawaii’s statutory and case law do, indeed, authorize police officers to arrest a person for DWOL and urges this court to overrule the ICA’s holding in Bolosan. The prosecution cites the following conclusions of law (COLs) as erroneous:

2. However, under the Intermediate Court of Appeals’ (ICA) holding in State v. Bolosan ... the police are not authorized to physically arrest a person for the offense of DWOL, and therefore cannot order such person out of his or her vehicle based on a DWOL offense.
3. On March 7, 1995, the Hawaii Supreme Court in State v. Bolosan ... did not review and therefore let stand that portion of the ICA’s Bolosan decision which held that the police are not authorized to physically arrest a person for the offense of DWOL.
4. Therefore, under current Hawaii law, a police officer is not authorized to order a person out of his or her vehicle and physically arrest that person for the offense of DWOL.
5. Accordingly, Officer Stafford’s order that [Vallesteros] exit his vehicle in order to be arrested for DWOL was not valid under current Hawaii law.
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7. Accordingly, the court concludes that the firearm in the instant case was unlawfully seized and must be suppressed.
8. The court therefore hereby grants the instant motion for reconsideration of its prior order denying Defendant’s motion to suppress items of evidence filed herein on February 6,1995.

II. STANDARDS OF REVIEW

No facts are disputed on appeal, nor is the legality of the stop of Vallesteros’s car questioned; Thus, the trial court’s findings of fact are the operative elements of this case. Leibert v. Finance Factors, Ltd., 71 Haw. 285, 288, 788 P.2d 833, 835, reconsidér- *299 ation denied, 71 Haw. 664, 833 P.2d 899 (1990). COLs are not binding upon an appellate court and, therefore, we review them de novo under the “right/wrong” standard. State v. Tuipuapua, 83 Hawai'i 141, 145, 925 P.2d 311, 315 (1996); State v. Bowe, 77 Hawai'i 51, 53, 881 P.2d 538, 541 (1994). Moreover, a COL will not be overturned if supported by the trial court’s findings of fact and the application of the correct rule of law. Id.

III. DISCUSSION

The question we must answer on appeal is under what circumstances, in light of our state and federal constitutions, statutes, and case law, may a police officer order a driver out of a vehicle for a traffic offense. The prosecution claims, first, that pursuant to HRS §§ 803-5(a) and (b) (1993), 4

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Bluebook (online)
933 P.2d 632, 84 Haw. 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-vallesteros-haw-1997.