Showing posts from October, 2012

Inventory Searches do not Automatically Render the Discovery of Evidence Inevitable

State v. Rodridgues a.k.a. Rodrigues II (HSC October 12, 2012) Background. Marco Rodrigues was sleeping in his car at the Hanamaulu Beach Park near Lihue, Kauai. Officer Scott Williamson saw that the safety sticker on the car had expired so he went up to the car, woke up Rodrigues, and asked for his license and registration. He had no documents, but identified himself. Officer Williamson ran a warrant check, discovered three outstanding bench warrants, and arrested him. He was handcuffed when Officer Williamson searched him "from top to bottom." Officer Williamson pulled his pockets inside out and found a bag containing crystal methamphetamine. He was taken to the Kauai Police Department, where an inventory search had been conducted. He was then taken to the cellblock at the station. Rodrigues was charged with promoting a dangerous drug in the third degree. HRS § 712-1243. Rodrigues filed a motion to suppress on the grounds that the warrantless search of his pockets