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State v. Prendergast2/2/2004
in State v. Bolosan, 78 Hawai'i 86, 94, 890 P.2d 673, 681 (1995):
We are equally concerned about post-hoc justifications for otherwise invalid investigatory stops, especially those involving automobile stops. Therefore, we hold that an investigative stop can be justified based on an objectively reasonable suspicion of any offense, provided that the offense for which reasonable suspicion exists is related to the offense articulated by the officer involved. Offenses are related when the conduct that gave rise to the suspicion that was not objectively reasonable with respect to the articulated offense could, in the eyes of a similarly situated reasonable officer, also have given rise to an objectively reasonable suspicion with respect to the justifiable offense.
(Citations and footnote omitted.) See also United States v. Wheat, 278 F.3d 722, 726 (8th Cir.2001) ("If the investigatory stop is not justified by reasonable suspicion or if the investigating officers exceed the stop's proper scope, any evidence derived from the stop is inadmissible at trial." (Citing Wong Sun v. United States, 371 U.S. 471, 484, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).))
IV. CONCLUSION
Based upon the foregoing, we affirm the district court's denial of Prendergast's motion to suppress as well as the district court's judgment of conviction and sentence.
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