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State v. Powell11/20/1979
[61 Haw Page 316] Defendant-appellee Palance Powell was charged with the offense of promoting a dangerous drug in the third degree in
violation of HRS § 712-1243 (1976). Before trial, Powell moved to suppress certain evidence seized from his automobile at the time of his arrest. After a hearing on said motion, the court below determined that the evidence had been secured through improper means and, accordingly, ruled in the defendant's favor.
We reverse.
On the evening of April 16, 1977, while assisting in the investigation of a suspicious noise complaint in a residential area of Honolulu, Police Officer Bruce Weissich noticed an automobile without taillights turning out of a dead-end street. Following behind this vehicle, Officer Weissich observed that it was proceeding at an unusually slow rate of speed -- approximately five to ten miles per hour -- and that, upon reaching an intersection, it stopped ten to fifteen feet short of the stop line. Despite an absence of any other vehicular traffic, the driver of the automobile hesitated for approximately ten seconds before executing a turn and continuing on. Some two hundred feet before reaching the next intersection, the automobile's turn signal was activated and, as before, the vehicle stopped ten to fifteen feet short of the stop line. Again, the driver of the vehicle stopped for about ten seconds before negotiating the turn. No other vehicles were seen in the area.
Believing that the driver of the automobile was either lost, experiencing mechanical difficulties with his car, or intoxicated, Officer Weissich then ordered the vehicle to a stop. After identifying himself as a police officer, Weissich requested the sole occupant of the vehicle, defendant Powell, to produce his driver's license. At this time, Powell voluntarily got out of his car and began searching in his wallet for his license. Upon tendering it to the officer, Powell inquired as to why he had been stopped. The officer responded by asking him whether he was lost, and Powell indicated that he did not know where he was.
During his conversation with Officer Weissich, Powell appeared to be intoxicated: his speech was slurred and unresponsive; his eyes were bloodshot and his pupils dilated; he appeared unsteady on his feet; and his shirt was unbuttoned
at the top and bottom. Nevertheless, according to the officer, there was no indication that Powell's apparent intoxication was attributable to the consumption of alcohol. The officer therefore inquired if Powell was on any medication or had any kind of physical defect that would explain his appearance. In reply, Powell indicated that he was taking Valium, and then handed the officer a prescription bottle which he had in his pocket. The bottle contained two tablets and was labeled "Thorazine."
After admitting that he had taken some of the medication that evening and based on his erratic driving and apparent state of inebriation, Powell was then placed under arrest for driving under the influence of drugs. By that time, another officer had arrived at the scene and had joined Weissich and Powell at the rear of Powell's automobile. Upon returning to secure the arrestee's vehicle, Officer Weissich -- with the aid of his flashlight -- then noticed a crystalline substance in a spoon he had previously seen when Powell initially stepped out of his car. The spoon was located on the floorboard of the vehicle, near the accelerator pedal. Based on his familiarity with narcotics paraphernalia and with various methods of narcotics ingestio
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