No. 28406 (April 8, 2009)
Opinion pdf
OPINION OF THE COURT BY NAKAMURA, J.
A computer check for warrants revealed an outstanding warrant for Defendant-Appellant Edward S. Dawson (Dawson). Upon encountering Dawson, a police officer detained Dawson for a few minutes to confirm that the physical paper warrant was still in the files of law enforcement. During this detention, the officer observed Dawson remove a glass pipe, commonly used to smoke crystal methamphetamine, from Dawson's pocket and place it in a nearby package. Once the outstanding warrant was confirmed,Dawson was arrested on the outstanding warrant and for possession of the pipe. We hold that Dawson's detention was lawful and that the trial court properly denied Dawson's motion to suppress the pipe, which was found to contain methamphetamine.
Dawson appeals from the Judgment of Conviction and Sentence (Judgment) filed on January 17, 2007, in the Circuit Court of the First Circuit (circuit court). Plaintiff-Appellee State of Hawai'i (State) charged Dawson by complaint with 1) promoting a dangerous drug in the third degree, for possessing methamphetamine (Count I) and 2) possession with intent to use drug paraphernalia (Count II). The charges were based on the methamphetamine pipe observed by the officer while Dawson was detained and later recovered after Dawson's arrest. After a jury-waived trial based on stipulated evidence, the circuit court found Dawson guilty on both counts. The circuit court sentenced Dawson to five years of imprisonment on each count, to be served concurrently with each other and with a five-year term of imprisonment imposed in a separate case. The circuit court also imposed a one year mandatory minimum term on Count I based on Dawson's status as a repeat offender.
On appeal, Dawson argues that "[t]he existence of a 'possible warrant' did not constitute reasonable suspicion enabling the police to detain Dawson, thus the lower court erred in denying Dawson's motion to suppress the pipe containing residue which the police observed during his illegal detention." For the reasons set forth below, we disagree with Dawson's argument and affirm the circuit court's Judgment. [footnotes omitted]
Dissenting opinion by Foley, J. pdf
