State v. Blackshire
| Decision Date | 10 May 1993 |
| Docket Number | Nos. 15894,16194,s. 15894 |
| Citation | 861 P.2d 736,10 Haw.App. 123 |
| Parties | STATE of Hawaii, Plaintiff-Appellant, v. Michael BLACKSHIRE, Defendant-Appellee. |
| Court | Hawaii Court of Appeals |
Syllabus by the Court
1. Custodial interrogation involves the following two requirements: (1) custody; and (2) interrogation. These two requirements sometimes overlap. Before the police subject a person to "custodial interrogation," the police must advise the person of the person's Miranda rights.
2. Interrogation is distinguished from conversation and general on-the-scene questioning.
3. During an investigative stop or after an arrest, police requests for items of information covered by the "routine booking question exception" are not, in most cases, interrogation. These items of information are: name, address, height, weight, eye color, date of birth, current age, and social security number.
4. Conversation and general on-the-scene questioning ends, interrogation begins, and the routine booking question exception does not apply (1) when the police request information designed to elicit an incriminatory admission; or (2) where the police should have known that their communication was reasonably likely to elicit an incriminating response.
5. Police interrogation may cause a person to be seized. A seizure of the person commences once a police/person in-person encounter turns from general to inquisitive questioning. A police/person in-person encounter turns from general to inquisitive questioning when the questions become more intrusive and accusatory in nature. A person who has been seized or arrested is, by definition, in custody. Therefore, interrogation may cause custodial interrogation.
6. When the police subject a person to custodial interrogation prior to advising the person of the person's Miranda rights, the police cultivate a poisonous tree. The State may not use the person's subsequent consents to police searches or answers to police questions to incriminate the person unless the State satisfies its burden of proving that these consents and answers are not poisoned fruit of the poisonous tree.
7. Upon the expiration of the period of hotel room occupancy mutually agreed to by the hotel guest and the hotel, the hotel guest's reasonable expectation of privacy in that hotel room also expires.
8. It is ordinarily the case that guests in a hotel are mere licensees and not tenants, and that they have only a personal contract and acquire no interest in the realty.
9. Upon the expiration of the period of hotel room occupancy mutually agreed to by the hotel guest and the hotel, the hotel guest who intentionally continues to occupy the hotel room is a trespasser. Hawaii Revised Statutes § 486K-8 (1985). The hotel may summarily eject a trespasser and a trespasser's property from the hotel room without notice.
James T. Carter, Deputy Prosecuting Atty., County of Maui, on the brief, Wailuku, for plaintiff-appellant in No. 15894.
Linda C. Ramirez, Deputy Public Defender, on the brief, Honolulu, for defendant-appellee in No. 15894.
Theodore Y.H. Chinn, Deputy Public Defender, on the briefs, Honolulu, for defendant-appellant in No. 16194.
Lillian B. Koller, Deputy Prosecuting Atty., County of Maui, on the brief, Wailuku, for plaintiff-appellee in No. 16194.
ORDER AMENDING OPINION OF THE COURT
Oct. 27, 1993
On May 10, 1993, we filed one published opinion deciding Appeal No. 15894 and Appeal No. 16194. On June 10, 1993, the Hawaii Supreme Court entered an order remanding Appeal No. 16194 to us for reconsideration. Upon reconsideration, we replace that part of our May 10, 1993 published opinion under the heading "APPEAL NO. 16194" with the following. In all other respects, our May 10, 1993 published opinion remains the same.
The May 10, 1993 published opinion under the heading "APPEAL NO. 16194" is amended to read as follows:
Before BURNS, C.J., HEEN and WATANABE, JJ.
The State of Hawaii's (the State) August 28, 1991 complaint charged defendant Michael Blackshire (Blackshire) with Count 1, Promoting a Dangerous Drug in the Third Degree, Hawaii Revised Statutes (HRS) § 712-1243(1); Count 2, Prohibited Acts Related to Drug Paraphernalia, HRS § 329-43.5(a); Count 3, Promoting a Dangerous Drug in the First Degree, HRS § 712-1241(1)(a)(i); and Count 4, Prohibited Acts Related to Drug Paraphernalia, HRS § 329-43.5(a).
Appeal Nos. 15894 and 16194 were consolidated for decision because they arise from the same case and involve the same appellant and appellee.
The May 6, 1992 judgment convicted Blackshire of Counts 3 and 4. The December 24, 1991 pretrial suppression order that caused the demise of Counts 1 and 2 (December 24, 1991 Order) is the subject of the State's appeal in No. 15894. We affirm the December 24, 1991 Order.
The April 24, 1992 pretrial order denying Blackshire's September 30, 1991 motion to suppress the evidence of Counts 3 and 4 (April 24, 1992 Order) is the subject of Blackshire's appeal in No. 16194. We affirm the April 24, 1992 Order.
The State appeals the circuit court's December 24, 1991 Order granting Blackshire's September 30, 1991 motion to suppress "all statements allegedly made by [Blackshire] to the Maui County Police on or about August 16, 1991 at approximately 0033 hours, and at the Maui Islander Hotel on August 15, 1991, or at any other time[,] ... [and] any evidence recovered as a result of those statements[.]" We affirm.
The State does not challenge any of the circuit court's December 24, 1991 findings of fact. They are in relevant part as follows:
1. [Blackshire] was known to Officer David Lake from an incident on August 7, 1991 when an investigation at Kahana Villas Condominiums revealed that [Blackshire] had left the Kahana Villas condominium without paying for his room. While the hotel staff was packing up [Blackshire's] belongings, cocaine residue and paraphernalia were found, as well as some documents that revealed that [Blackshire] might be at the Maui Islander Resort.
2. Officer Lake called Ms. Linda Winters, Manager of the Maui Islander Resort, on August 9, 1991 and advised her to be on the lookout for [Blackshire]. Ms. Winters informed Officer Lake that [Blackshire] was at that time a paying guest of the Resort.
3. On August 15, 1991 at approximately 11:30 a.m., Ms. Winters called Officer Lake....
4. Officer Lake arrived at the Maui Islander Resort at approximately 12:45 p.m. on August 15, 1991 with Officer Michael Kahoohanohano.
5. Ms. Winters had requested Officer Lake's presence when the hotel safe was opened because it was jammed, and hotel staff could not open it to remove its contents. Ms. Winters suspected that the contents may be drug related.
6. Officer Lake met with Ms. Winters at the Maui Islander Resort, and went with her to Room A-1129. [Blackshire] had been the registered guest of that room, but at the time Officer Lake entered with Ms. Winters, the room was unoccupied in that the Maui Islander staff had already removed [Blackshire's] belongings and had placed them in storage.
* * * * * *
8. Officer Mark Joaquin and Sergeant Kaaikala arrived at the Maui Islander Resort at about 1:00 p.m. on August 15, 1991 with a narcotics sniffing dog, which alerted to the presence of drugs in the safe in Room A-1129.
* * * * * *
12. Ms. Winters notified Officer Lake that [Blackshire] was at the front desk of the hotel trying to pay for his bill after Officer Lake was informed of the positive dog alert.
13. [Officer Lake] and Sergeant Kaaikala ... approached [Blackshire] on the lawn of the Maui Islander Resort at approximately 1:20 p.m. on August 15, 1991.
14. As Officer Lake approached [Blackshire] who was seated on the lawn of the Maui Islander Resort, he believed the [person] was [Blackshire], because of information about [Blackshire's] appearance provided earlier by Officer Tivoli Faaumu, that [Blackshire] was a black male, over 6'3"', over 200 pounds.
15. On August 12, 1991, Officer Lake had also received an anonymous tip from Crime Stoppers dated August 10, 1991. The information related that a black male named Michael, approximately 6 foot, and in excess of 200 pounds had just come to Maui from the mainland with a large load of cocaine and was possibly staying at a Wailuku residence. Officer Lake believed that [Blackshire] was the subject of the Crime Stoppers['] tip.
16. Officer Lake introduced himself to [Blackshire] as a police officer with the vice narcotics section, and produced his police identification and badge which he showed to [Blackshire]. Officer Lake then introduced Sergeant Kaaikala to [Blackshire].
17. When he first approached [Blackshire] on the lawn, Officer Lake believed he had probable cause to arrest [Blackshire] because the dog had already alerted to the safe, and Officer Lake believed [Blackshire] was the person responsible for Room A-1129.
18. Neither Officer Lake nor Sergeant Kaaiakala advised [Blackshire] of his Miranda warnings [sic] during the encounter on the lawn of the Maui Islander Resort.
19. Officer Lake asked [Blackshire] "if he didn't mind if we talked to him for a few minutes." [Blackshire] replied "no problem."
20. Officer Lake then asked [Blackshire] if his name was Michael Blackshire and [Blackshire] replied "yes."
21. Officer Lake then asked [Blackshire] to produce identification....
22. [Blackshire] reached into a large brown bag on the ground next to him and removed a brown wallet containing a California driver's license, which [Blackshire] gave to Officer Lake.
* * * * * *
24. Officer Lake asked [Blackshire] if he had a Maui residence....
25. [Blackshire] replied that the address on his driver's license was his current residence.
26. Officer Lake asked [Blackshire] if he had a phone number. [Blackshire] gave Officer Lake his...
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