State v. Iona.
State v. Iona.
Opinion
OPINION OF THE COURT BY WILSON, J.
This case arises from a pat-down following an investigative stop in April 2014, in Honolulu. The pat-down occurred after a lieutenant with the Honolulu Police Department *106 ("HPD") noticed Petitioner/Defendant-Appellant Kekoa Iona ("Iona") and two other individuals riding bicycles lacking tax decals, which are required by law on all bicycles with wheels twenty inches or more in diameter.
The police may, in appropriate circumstances and in an appropriate manner, detain individuals for brief, temporary investigative stops based on reasonable suspicion of a crime without violating the prohibition on unreasonable searches and seizures in the United States and Hawai'i Constitutions. However, the police may not prolong these temporary detentions, known as Terry stops, 1 any longer than needed to handle the matter for which the stop was made.
We hold that Iona was seized longer than was necessary for the police to conduct an investigation that confirmed the lieutenant's reasonable suspicion that the required tax decal was missing and to issue a citation to Iona for riding a bicycle without a tax decal.
After the time necessary for the police to conduct an investigation confirming the absence of the required tax decal and to issue a citation for the missing decal had expired, a warrant check came back from dispatch indicating that Iona had an outstanding warrant. Iona was arrested at the scene based on the outstanding warrant, and a search incident to arrest revealed a small amount of drugs and drug paraphernalia. Because the warrant check came back after the span of time necessary for the police to obtain Iona's identifying information from him and to write and issue the citation, Iona's arrest was illegal. Since the arrest was illegal, the evidence obtained as a result of the arrest was fruit of the poisonous tree. Iona's pre-trial motion to suppress the evidence from the search incident to arrest should have been granted, and the evidence seized as a result of that search should have been excluded from his trial. Accordingly, we vacate the Intermediate Court of Appeals' ("ICA") judgment on appeal and the Circuit Court of the First Circuit's ("circuit court") judgment of conviction and sentence, and we remand the case to the circuit court for proceedings consistent with this opinion.
I. Background
At 10:40 a.m. on April 17, 2014, Lieutenant Brent Kagawa, an officer with the HPD, observed Iona and two other individuals on bicycles ride past him on Keeaumoku Street in Honolulu. All three bicycles lacked tax decals, which all standard-sized bikes are required to display by state and local law. Hawai'i Revised Statutes ("HRS") §§ 249-14, 249-15 (2001) ; 2 Revised Ordinances of Honolulu ("ROH") § 15-18.1 (Supp. 1995). 3
Having observed what appeared to be the absence of the required decals, Lieutenant Kagawa identified himself, stopped all three men, and, in the words of the circuit court's findings of fact, "initiated an untaxed bicycle inquiry. He informed the three males that he had stopped them for untaxed bicycles." The officer queried the men individually about the status of the bikes. Initially, each man stated he owned the bike he was riding. As Lieutenant Kagawa took down this information, however, Iona changed his statement to say that he borrowed the bike from someone named "Nalu" at the park. Lieutenant *107 Kagawa took some additional information, including their names, and then commenced a warrant check on all three individuals. Lieutenant Kagawa estimated this initial exchange took about three or four minutes.
In the meantime, two additional officers, Officers Alison Lynch and Raymond Chandler, arrived at the scene to assist Lieutenant Kagawa. Officer Lynch called nearby officers to assist. When they arrived, Lieutenant Kagawa informed the two additional officers of the facts of the untaxed bicycle investigation and asked them to take over the investigation. Lieutenant Kagawa testified that he was waiting until he had all the information at the end of the investigation before determining whether he would issue a citation for the lack of tax decals.
Officers Lynch and Chandler sought to obtain the bicycles' serial numbers and run them through the system to determine whether they were registered and, if registered, whether they were reported stolen. The officers were only able to read the serial number on the bike Iona had been riding. Once that serial number had been obtained, Officers Lynch and Chandler called dispatch to check the bike registration records in order to determine whether the bike was taxed or untaxed or had been reported stolen.
After a few minutes, dispatch confirmed that the bike was not registered to Iona or to someone named Nalu. Instead, the bike was registered to a Wai'anae resident. The bike had not been reported stolen. Officer Chandler attempted to contact the registered owner but was unsuccessful. He then contacted the police station in Wai'anae and requested that an officer from that station drive to the registered owner's Wai'anae address in order to determine whether the bike was stolen.
The warrant check came back at 10:54 a.m., showing that Iona had an outstanding $100.00 bench warrant for contempt. A total of fourteen minutes elapsed between the initial stop and the return of the outstanding warrant information. At no time within the fourteen-minute period was a citation for failure to display a tax decal written or started to be written. Iona was arrested at the scene on the outstanding warrant. Incident to his arrest, he was patted down. The pat-down revealed a glass pipe in a plastic sleeve as well as a small, ziplock plastic bag containing a white, crystalline substance.
Prior to trial, Iona moved to suppress the glass pipe and the ziplock bag containing a white, crystalline substance, arguing that they were "fruit of the poisonous tree." He argued that he had been illegally seized, that the seizure continued well after its initial justification, that his arrest was therefore illegal, and that the evidence seized in the search incident to his arrest was "fruit of the poisonous tree" and should thus be excluded. He also argued that (1) a violation of HRS § 249-14 is not an arrestable offense, (2) the only penalty authorized for a violation of HRS § 249-14 is the seizure of a bicycle that does not display the required registration decal, (3) Lieutenant Kagawa did not have reasonable suspicion to further detain Iona in order to determine if he had an outstanding bench warrant, (4) Lieutenant Kagawa had no basis to request a warrant check on Iona at the point in time that he did because Lieutenant Kagawa did not suspect Iona of committing an arrestable crime or violation at that time, and (5) Lieutenant Kagawa was not authorized to conduct a warrant check under HRS § 803-6 (2014).
Iona was tried on October 12, 2015. 4 After a bench trial on stipulated facts, Iona was convicted of one count of promoting a dangerous drug in the third degree and one count of unlawful use of drug paraphernalia. See HRS § 712-1243 (2014); HRS § 329-43.5(a) (2010). He was sentenced to two open five-year terms of imprisonment, to run concurrently, and fined $1,000. He appealed to the ICA.
The ICA issued its summary disposition order on June 29, 2017.
State v. Iona
, No. CAAP-16-0000100,
II. Standards of Review
An appellate court reviews a trial court's ruling on a motion to suppress de novo to determine whether, as a matter of law, the ruling was right or wrong.
State v. Eleneki
,
III. Discussion
Both the Fourth Amendment to the United States Constitution and article I, section 7 of the Hawai'i Constitution "safeguard the privacy and security of individuals against arbitrary invasions by governmental officials."
State v. Navas
,
Given these constitutional protections, warrantless searches or seizures are presumed "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."
5
State v. Prendergast
,
A. Constitutional Principles Governing Terry Stops
The temporary investigative detention of an individual by the police without a warrant is constitutionally permissible only within strict and narrow limits.
Terry
, 392 U.S. at 19,
*109
These strict limitations on the constitutionally permissible scope of a
Terry
stop govern both its initiation and its duration. The initiation of a temporary investigative detention by police is valid only "if they have a reasonable suspicion based on specific and articulable facts that criminal activity is afoot."
State v. Spillner
,
B. The Perez Test and Vehicle Stops
In Hawai'i, the constitutional principles governing unreasonable searches and seizures in the context of traffic stops have been synthesized into a two-part test.
See
State v. Perez
,
The first part of the
Perez
test requires that the investigative stop must be justified at its inception.
Perez
,
The second part of the
Perez
test requires that a search or seizure must be "reasonably related in scope to the circumstances which justified the interference in the first place."
Alvarez
,
*110 C. Under the circumstances presented here, the officers' seizure of Iona exceeded the scope of a constitutionally permissible vehicle stop.
Lieutenant Kagawa stopped Iona while Iona was riding a bicycle. For present purposes we consider a bicycle stop to be a traffic stop (also called a vehicle stop). "A stop of a vehicle for an investigatory purpose constitutes a seizure within the meaning of the constitutional protection against unreasonable searches and seizures."
Estabillio
,
Having established that Iona was "seized" for constitutional purposes, we proceed to analyze the facts in light of the two-part
Perez
test. We assume without deciding that the first part of the
Perez
test, that "the action was justified at its inception," was satisfied here.
Perez
,
As to the second part of the
Perez
test, we hold that the time during which Iona was seized exceeded the duration necessary to accomplish the purpose for which he was stopped.
See
Instead, Iona was held until a warrant check was completed. Rather than issue a citation for failure to display a tax decal, the police called dispatch to determine if the bike was registered and, if so, to identity the owner and determine whether the bike was reported stolen. Dispatch confirmed the bike was registered and that it was not reported stolen. 7 The pursuit of inquiry relevant to theft was not the purpose of the stop, although the stop was used as an opportunity to make such inquiries. 8
Because what justified the initial stop was the lack of a tax decal on the bike Iona was riding, the time span needed to handle that matter was the sum of the time required under the circumstances for Lieutenant Kagawa to confirm his reasonable suspicion that the decals were missing, the time necessary to obtain the identifying information of Iona required to fill out the citation for riding without a decal, and the time necessary to write and issue the citation.
9
See
State v. Wyatt
,
Under these circumstances, it was not constitutionally permissible for the police to forego the issuance of a citation and hold Iona.
See
Estabillio
,
What justified the initial Terry stop of Iona was a missing tax decal. As Lieutenant Kagawa testified, he stopped all three riders for violating a "[r]evised ordinance," specifically, "1481 or something to that - I'd have to look it up." The ordinance that authorizes a police officer to issue a citation for a missing tax decal, ROH § 15-18.1, applies to any resident bicycle rider ; it is not specific to the registered owner :
No person who resides within the City and County of Honolulu shall ride or propel a bicycle on any street, highway, alley, roadway or sidewalk or upon any public path set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license plate two by three inches in size, or a license decal, is attached thereto as provided in this article.
See also ROH § 15-26.9 (stating that "it is a violation for any person to violate any of the provisions of this traffic code" and providing for a range of fines); HRS § 291C-165(a) ("There shall be provided for use by authorized police officers, a form of summons or citation for use in citing violators of those traffic laws which do not mandate the physical arrest of such violators.").
For the police to issue the relevant citation under the ordinance, it is not necessary for the police to know whether the rider of the bicycle is also its owner. Therefore, the subject matter of the investigative detention for which Iona was seized was limited to a citation for the missing decal.
See
Alvarez
,
In conclusion, the phase of Iona's investigative detention relating to a police decision whether or not to confiscate the bicycle was not "reasonably related in scope to the circumstances which justified the interference in the first place."
Because the constitutionally permissible duration of the stop was limited to the time necessary to confirm the violation, obtain identification necessary to issue a citation, and write the citation, Iona's detention could not be prolonged by Lieutenant Kagawa to conduct a warrant check. By detaining Iona longer than necessary to write the citation, Lieutenant Kagawa clearly exceeded the reasonable time necessary to accomplish the purpose of the stop. Since the arrest was
*112
illegal, the evidence obtained as a result of the arrest was "fruit of the poisonous tree."
Prendergast
,
IV. Conclusion
For the reasons stated above, we vacate the ICA's July 28, 2017 judgment on appeal and the circuit court's January 25, 2016 judgment of conviction and sentence, and we remand the case to the circuit court for proceedings consistent with this opinion.
See
Terry v. Ohio
,
HRS § 249-14(a) requires the owner of a bicycle with wheels twenty inches or more in diameter to register the bicycle and pay a registration fee. Upon payment of the fee and registration, the owner is furnished with "a metallic tag or decal[,]" which must be affixed to the bicycle on "the upright post attached to the sprocket facing in the forward direction." HRS § 249-14(b). HRS § 249-15 authorizes police officers to seize a bicycle to which no tag or decal is affixed.
ROH § 15-18.1 provides:
No person who resides within the City and County of Honolulu shall ride or propel a bicycle on any street, highway, alley, roadway or sidewalk or upon any public path set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license plate two by three inches in size, or a license decal, is attached thereto as provided in this article.
The penalty for violating the decal requirement is a fine of between $15.00 and $100.00 for a first offense. ROH § 15-26.9(b) (Supp. 2004).
The Honorable Edward H. Kubo, Jr. presided.
We have held repeatedly that exceptions to the warrant requirement are well-recognized and narrowly defined, and generally "provide for those cases where the societal costs of obtaining a warrant, such as danger to law officers or the risk of loss or destruction of evidence, outweigh the reasons for prior recourse to a neutral magistrate."
State v. Wallace
,
The "absolutely necessary under the circumstances" standard derives from our view that
the right to be free of unreasonable searches and seizures under article, I, section [7] of the Hawaii Constitution is enforceable by a rule of reason which requires that governmental intrusions into the personal privacy of citizens of this State be no greater in intensity than absolutely necessary under the circumstances.
State v. Kaluna
,
The police "may investigate matters unrelated to the original stop if they have an
independent
basis for reasonable suspicion to indicate that criminal activity is afoot[.]"
Alvarez
,
Calls were made by the police to locate the owner without success; consequently, police at the scene called the Wai'anae police station and requested that it send an officer to the registered owner's residence.
HRS § 291C-165(a) (2007) states that "[t]here shall be provided for use by authorized police officers, a form of summons or citation for use in citing violators of those traffic laws which do not mandate the physical arrest of such violators."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.