Hawai'i Legal News

State v. Enos (HSC May 27, 2020) Background. Homeless people frequent an area under the H-1 freeway near the intersection of Waialae and Kealaolu Avenue in Honolulu. The area belongs to the State of Hawai'i and there are signs posted nearby stating “Keep out,” “Government Property” and “Trespassers with be Prosecuted.” One night at around 11 p.m., Officer Albert Moniz was patrolling the area on foot and saw Frank Enos behind a cardboard box sleeping. Officer Moniz saw that next to Enose was a “neoprene pouch with a clear glass pipe” commonly used for smoking crystal methamphetamine. Officer Moniz ordered Enos to stand up and hand over the pipe. Enos said he didn’t know what he was talking about. Officer Moniz arrested him for criminal trespass onto state lands in violation of HRS § 708-814.7. Enos told the officer, “I know, but I have nowhere else to go.” Officer Moniz seized the open pouch and pipe. Enos maintained that the pipe was not his and that he was watching the area f...

State v. Pacquing (HSC March 22, 2013) Background. Chester Pacquing was driving a black Acura when he was pulled over by the police on North King Street in Kalihi one night for driving with an expired tax emblem. The police asked for his license, registration, and proof of no-fault insurance. Pacquing didn’t show them the documents, but said he was Michael John Jose and provided a birthdate and residential address. Two citations were generated under that name. One was served on Pacquing, but the police served the other citation at the address he provided. The real Jose was served the citation and Jose went to the Kalihi police station. He told the police that he didn’t own a black Acura. A few weeks later, the police pulled over the same black Acura and again the same officers arrived to the scene. There, they found Pacquing and again Pacquing could not produce any of the driver’s documents. He said that he had no picture id, but was recently cited and showed them one of the citat...

State v. Rapozo (HSC July 30, 2010) Background. Tanya Rapozo was stopped by the police for driving erratically on Ala Wai Boulevard at around 1:15 a.m. She was arrested and a search at the station revealed that she had a .38 caliber bullet tucked into her brassiere. At the time of the search, Rapozo was a convicted felon. Her crimes included drug offenses and theft. Rapozo was charged with prohibited ownership or possession of any firearm or ammunition. HRS § 134-7(b) and (h). Rapozo filed a motion to dismiss on the grounds that charge was a de minimis infraction. Her only evidence was a declaration that stated she was going to convert the bullet into a charm bracelet. The circuit court granted the motion. The ICA vacated. Analyzing De Minimis Infractions Requires Comparison of the Statutes. The trial court may dismiss an action as a de minimis infraction when, "having regard to the nature of the conduct alleged and the nature of the attendant circumstan...