78 Hawai'i 308, State v. Meyer, 17728

• Decision Date: 11 April 1995
• Docket Number: No. 17728,17728
• Citation: 893 P.2d 159
• Parties: 78 Hawai'i 308, 63 USLW 2732 STATE of Hawai'i, Plaintiff-Appellant, v. Gary MEYER, Defendant-Appellee.
• Court: Hawaii Supreme Court

Page 159

893 P.2d 159

78 Hawai'i 308, 63 USLW 2732

STATE of Hawai'i, Plaintiff-Appellant, v. Gary MEYER, Defendant-Appellee.

No. 17728.

Supreme Court of Hawai'i.

April 11, 1995.

James M. Anderson, Deputy Pros. Atty., on the briefs, Honolulu, for plaintiff-appellant.

Todd A. Watanabe, Deputy Public Defender, on the briefs, Honolulu, for defendant-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

MOON, Chief Justice.

In this interlocutory appeal, plaintiff-appellant State of Hawai'i (the prosecution) appeals from the findings of fact (FOF), conclusions of law (COL), and order granting, in part, and denying, in part, defendant-appellee Gary Meyer's motion to suppress evidence. The prosecution challenges the circuit court's suppression of a handgun seized by the police on the ground that no exigent circumstances were present to justify the warrantless seizure. For the reasons discussed herein, we hold that, where the evidence in question was observed in "plain view," the presence of exigent circumstances is not required to justify a warrantless seizure. Accordingly, we reverse the decision of the circuit court and remand this case for further proceedings.

I. BACKGROUND

At approximately 4:25 p.m. on August 24, 1992, Honolulu police officer Michael Lucas, who was traveling west on Farrington Highway, noticed a gray pickup truck traveling in the opposite direction. The truck had its four-way flashers engaged and its passenger side door open with a woman, later identified as Monica Luke, attempting to exit the moving vehicle. Officer Lucas made a U-turn and pulled the truck over to the side of the road. The male driver voluntarily exited the truck, approached officer Lucas, and identified himself as Gary Meyer. At the same time, Luke exited the truck and crossed Farrington Highway to a telephone booth. Shortly thereafter, Officer Scott Tamasaka and several other police officers arrived at the scene. During the investigation, Luke stated that Meyer had physically abused her; therefore, Meyer was advised that he was being arrested for abuse of a family or household member, a violation of Hawai'i Revised Statutes (HRS) § 709-906 (Supp.1992). ¹

After his arrest, Meyer requested and received permission to move various items from the flatbed of his truck to the cab portion in order to secure the items. While Meyer was moving his things, he and Luke began to argue. As a result, Meyer was handcuffed and escorted to one of the police cars. Meyer then "either asked the police to move his work tools into the front of the truck or gave the police the keys to secure the truck." FOF No. 5.

As Officer Tamasaka approached the driver's side door to secure the vehicle, he noted that the door was slightly ajar. Officer Tamasaka then observed, through the open door, "the butt end of a revolver on the floor [of the truck] under the outer left-hand corner of the driver's seat." FOF No. 8. He testified that nothing obscured his vision of the weapon and that the area was well lit because it was a sunny afternoon. Officer Tamasaka alerted the other officers to his discovery and instructed Officer Reginald Kaneda to remove the handgun. At that point, Meyer was informed that he was also under arrest for possession of a firearm.

Because Meyer's truck could not be properly secured due to either a faulty window or locking mechanism on the driver's side, one of the officers drove the truck to the Waianae police station. At the station, Meyer signed a "consent to search" form, agreeing to a full search of his truck. As a result of the search, the police recovered ammunition and marijuana. Meyer was charged with Place to Keep Pistol or Revolver, a violation of HRS §§ 134-6(b) and (d) (Supp.1992), ² and Promoting a Detrimental Drug in the Third Degree, a violation of HRS § 712-1249(1) (1985). ³

On August 16, 1993, Meyer moved to suppress, inter alia, the handgun on the ground that the warrantless search and seizure of his property violated the fourth amendment to the United States Constitution, ⁴ applicable to the states through the fourteenth amendment, and article I, section 7 of the Hawai'i Constitution. ⁵ The court denied Meyer's motion to suppress all items of evidence except the handgun. The court's suppression of the handgun seized by the police was based on its conclusion that no exigent circumstances were present to justify the warrantless search and, thus, the seizure was illegal. The prosecution's timely notice of appeal followed.

II. STANDARDS OF REVIEW

A court's FOF are reviewed under the clearly erroneous standard, Dan v. State, 76 Hawai'i 423, 428, 879 P.2d 528, 533 (1994), and "will not be set aside on appeal unless they are determined to be clearly erroneous." State v. Joyner, 66 Haw. 543, 545, 669 P.2d 152, 153 (1983) (citations omitted). "A finding of fact is clearly erroneous when, despite evidence to support the finding, the appellate court is left with the definite and firm conviction in reviewing the entire evidence that a mistake has been committed." Dan, 76 Hawai'i at 428, 879 P.2d at 533 (citation and internal quotations omitted); see also State v. Nelson, 69 Haw. 461, 469, 748 P.2d 365, 370 (1987).

A court's COL are reviewed under the right/wrong standard. Dan, 76 Hawai'i at 428, 879 P.2d at 533; State v. Miller, 4 Haw.App. 603, 606, 671 P.2d 1037, 1040 (1983). "Under the right/wrong standard, we examine the facts and answer the question without being required to give any weight to the trial court's answer to it." 4 Haw.App. at 606, 671 P.2d at 1040; see also Amfac, Inc. v. Waikiki Beachcomber Investment Co., 74 Haw. 85, 119, 839 P.2d 10, 28, reconsideration denied, 74 Haw. 650, 843 P.2d 144 (1992).

III. DISCUSSION

In granting Meyer's motion to suppress the handgun, the circuit court concluded:

2. Since the gun was visible to the police officer standing outside of the truck, it was in plain view and, thus, provided probable cause to arrest [Meyer] for possession of a firearm.

3. No amount of probable cause justifies the seizure of the gun absent exigent circumstances.

4. Since [Meyer] was already under arrest for abuse of family or household member, handcuffed, under control of the police, and the police had keys to the vehicle and were in the process of moving the vehicle to the police station, exigent circumstances did not exist.

5. Without exigent circumstances in this case, the seizure of the gun without a warrant was illegal.

COL Nos. 2 (emphasis added), 3, 4, and 5.

The prosecution contends that the observation and seizure of the handgun was proper under both the "open view" and the "plain view" doctrines. On the other hand, Meyer maintains that, as the circuit court concluded, neither doctrine would justify the warrantless seizure, absent exigent circumstances.

A. The Warrant Requirement and Its Exceptions

Both the fourth amendment to the United States Constitution and article I, section 7 of the Hawai'i Constitution ensure that an individual's legitimate expectations of privacy will not be subjected to unreasonable governmental intrusions. State v. Bonnell, 75 Haw. 124, 136, 856 P.2d 1265, 1272 (1993). When a governmental intrusion does not invade an individual's legitimate expectation of privacy, "there is no 'search' subject to the Warrant Clause." Illinois v. Andreas, 463 U.S. 765, 771, 103 S.Ct. 3319, 3324, 77 L.Ed.2d 1003 (1983). However, governmental agents are prohibited from searching through an individual's belongings at will. See In re Jane Doe, 77 Hawai'i 435, 439, 887 P.2d 645, 649 (1994). In order to search an area in which an individual has a reasonable expectation of privacy, government officials are required to obtain a search warrant to assure that such searches will be based on probable cause and be limited in their scope. "The basic purpose ... [of these constitutional provisions] is to safeguard the privacy and security of individuals against arbitrary invasions by government officials." Bonnell, 75 Haw. at 136, 856 P.2d at 1272 (brackets in original and internal quotation marks omitted) (citing Camara v. Municipal Court, 387 U.S. 523, 528, 87 S.Ct. 1727, 1730, 18 L.Ed.2d 930 (1967)).

We have stated that, "[i]f anything is settled in the law of search and seizure, it is that a search without a warrant issued upon probable cause is unreasonable per se[.]" State v. Fields, 67 Haw. 268, 281, 686 P.2d 1379, 1389 (1984) (citations omitted); see also State v. Propios, 76 Hawai'i 474, 477, 879 P.2d 1057, 1060 (1994); State v. Perham, 72 Haw. 290, 292, 814 P.2d 914, 915, reconsideration denied, 72 Haw. 616, 841 P.2d 1074 (1991); Coolidge v. New Hampshire, 403 U.S. 443, 454-55, 91 S.Ct. 2022, 2031-32, 29 L.Ed.2d 564, reh'g denied, 404 U.S. 874, 92 S.Ct. 26, 30 L.Ed.2d 120 (1971). However, we have also recognized that the warrant requirement is "subject ... to a few specifically established and well-delineated exceptions." Fields, 67 Haw. at 281, 686 P.2d at 1389 (citations and internal quotation marks omitted). "[T]hese exceptions 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. Clark, 65 Haw. 488, 494, 654 P.2d 355, 360 (1982) (citation and internal quotation marks omitted); see also State v. Ritte, 68 Haw. 253, 257, 710 P.2d 1197, 1201 (1985) (probable cause and exigent circumstances); Fields, 67 Haw. at 283, 686 P.2d at 1383-84 (probationary status); State v. Russo, 67 Haw. 126, 137, 681 P.2d 553, 561 (1984) (consensual searches); State v. Paahana, 66 Haw. 499, 505-06, 666 P.2d 592, 597 (1983) (search incident to arrest); Clark, 65 Haw. at 498, 654 P.2d at 362 (preincarceration searches); State v. Kapoi, 64 Haw. 130, 140, 637 P.2d 1105, 1113 (1981) (open view); State v. Faulkner, 64 Haw. 101, 106-08, 637 P.2d 770, 774-75 (1981) ("automobile exception"); State v. Bennett,...