Showing posts from October, 2009

Canine Sniff, Questioning about Drugs Exceeded Scope of Traffic Stop.

State v. Estabillio (HSC October 26, 2009) Background. Officer Pauole was contacted by the vice squad for assistance in a traffic stop. On the Big Island, the vice squad officers do not have marked police cars. Vice Officer Prudencio told Pauole that Estabillio was seen driving around Puna with expired registration stickers. Officer Prudencio also believed that Estabillio had drugs in his car. Officer Pauole found Estabillio driving and pulled behind him. According to Officer Pauole, the sticker appeared to be valid. Officer Pauole radioed to verify the stickers and continued following Estabillio. Estabillio started speeding and Officer Pauole activated his lights and sirens. Officer Pauole blocked Estabillio into a driveway. Officer Pauole asked for license, registration, and insurance. Then Officer Prudencio showed up. Officer Prudencio did not see that Estabillio had drugs. He started questioning Estabillio about certain traffic offenses then started questioning Es

Manufacturer has Final say in Foundation for Laser Gun Readings

State v. Assaye (HSC September 30, 2009) Background. Assaye was charged with excessive speeding (HRS § 291C-105(a)). At his bench trial, Officer Franks testified that with a laser gun he clocked Assaye driving at 90 m.p.h. in a 55 m.p.h. zone. Officer Franks testified that he had been certified to use the laser gun and was trained to use and test the gun. He also said that he conducted four tests on the laser gun to ensure its accuracy. Assaye objected to the foundation of the reading from the laser gun. The trial court overruled the objection. Assaye was found guilty, he appealed, and the ICA affirmed. So Long Stoa : Manufacturer-Recommended Tests Necessary to Establish Foundation of the Laser Gun Reading. The HSC agreed with Assaye that the State was required to adduce evidence of manufacturer-recommended testing procedures before it could have been admitted at trial. In State v. Stoa , 112 Hawai'i 260, 265, 145 P.3d 803, 808 (App. 2006), the ICA examined t