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State v. Aguinaldo11/22/1989
nfirm. Our constitutions protect against unreasonable searches and seizures. Not every warrantless and nonconsensual search is proscribed. Nakamoto v. Fasi , 64 Haw. 17, 24, 635 P.2d 946, 952 (1981).
In State v. Powell , 61 Haw. 316, 603 P.2d 143 (1979), this court held that when a driver is validly stopped, it is reasonable for the police officer to request production of the driver's license. Id. at 323, 603 P.2d at 148-49.
In Powell , this court held that the stop of the defendant's vehicle was valid because the police reasonably believed that the driver may have been violating a traffic law. Here, the police lacked any reasonable belief that Aguinaldo violated any highway safety law. In this case, however, the stop was made pursuant to a valid roadblock stop.
In State v. Tourtillott , 289 Or. 845, 618 P.2d 423 (1980), a roadblock was established in which every vehicle was stopped for the purpose of enforcing state game laws. When the defendant was stopped, there was no indication that any game law was being violated. The officer nevertheless requested to see the defendant's driver's license. When the defendant responded that her license had been suspended, she was issued a citation. After determining that the initial stop of the defendant's vehicle was permissible, the Oregon Supreme Court went on to hold that the request to see the defendant's license was also permissible.
The defendant in Tourtillott argued, as Aguinaldo does here, that even if the initial stop was valid, any inquiry must relate to the purpose for which the stop was made. In response, the Oregon Supreme Court stated:
Although the officer's request for identification or a driver's license did not directly relate to the purpose of the
roadblock, it certainly related to the defendant's status as the driver of the car. We hold that if an automobile is validly stopped by a law enforcement officer, the officer may request the operator's driver's license.
Id. at 867, 618 P.2d at 435.
We concur with the statement and holding of the Oregon Supreme Court. See also State v. Coccomo , 177 N.J. Super. 575, 427 A.2d 131 (1980). Hawaii law requires possession of no-fault insurance identification card in addition to a driver's license for the operation of a motor vehicle. We, therefore, hold that the police has the power and authority to demand from the driver of a vehicle the production of both whenever the vehicle is validly stopped. In this case, Aguinaldo stipulated that the roadblock stop was constitutionally valid, therefore, the demand for production of her driver's license and proof of no-fault insurance was also constitutionally permissible.
The order granting Aguinaldo's motion to suppress is reversed.
Disposition
The order granting Aguinaldo's motion to suppress is reversed.
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