Question: We were sitting at Sandy Beach the afternoon of July 25 or 26 and observed two cops on all-terrain vehicles approach a group of military guys and start rummaging through their cooler looking for alcohol, I presume. Excuse me! There was nothing going on to trigger this illegal search, and nothing was found. This was clearly an unwarranted search. Have beachgoers in Hawaii actually surrendered their Fourth Amendment rights?
Answer: In the absence of any details, the Honolulu Police Department’s response was brief:
"The officers don’t recall this incident, but they say (they) wouldn’t have gone into someone’s cooler without a reason — probable cause — and they don’t target military personnel," said HPD spokeswoman Michelle Yu.
"The officers won’t open a cooler without a warrant or the owner’s consent or unless the cooler is abandoned," she said. "Common violations include drugs and alcohol."
If you file an official complaint, "We’ll look into it," she said.
In this case, Yu said to contact HPD’s District 7 office at 723-3369.
The Fourth Amendment to the U.S. Constitution protects people from unreasonable searches and seizures by government.
We contacted the American Civil Liberties Union of Hawaii regarding what a beachgoer’s rights are in a situation like this and were referred to its "First Amendment Toolkit."
That toolkit includes "basic guidelines and information on a person’s rights during searches for both adults (bit.ly/1ojIzo4) and youth up to age 18 (bit.ly/1roGImC)," said ACLU Hawaii spokeswoman Kit Grant. "This would cover your public beach scenario," although there was nothing specific about searching coolers.
Among the pertinent recommendations regarding searches by law enforcement in Hawaii for all age groups: "Don’t resist — but do not consent — to searches, even if you’re innocent" and "Never interfere with or obstruct police — you can be arrested for it."
It goes on to say: "Don’t resist, but never consent to searches of your car, house or person. Consenting can affect your rights later in court. You can’t be arrested for refusal to consent. Police may search your car or ‘pat down’ your clothes when they believe there is ‘probable cause.’ Police may enter your home if an emergency exists (e.g., a person screaming). Upon arrest, police can search you and the area close by. In a building, this is usually just the room you’re in. If police say they have a search warrant, ask to see it."
Question: What happened to the 15-year-old boy who went hiking in Waianae over two months ago?
Answer: Richard "Kalani" Vierra is still missing, and his case remains open, said Michelle Yu, spokeswoman for the Honolulu Police Department.
"Anyone with information should contact HPD or CrimeStoppers," she said.
The Honolulu CrimeStoppers number is 955-8300, or dial CRIME on your cellphone.
You can also report information by visiting the organization’s webpage at www.crimestoppers-honolulu.org.
Vierra went hiking alone in the trails near his home on Ala Akau Street at about 6:30 a.m. July 5.
He called his mother at about 11:30 a.m. that day to say he was returning, but has not been seen or heard from since.
Vierra is the latest missing person listed on the Honolulu CrimeStoppers website. Sixteen people are listed in cases dating back to 1996.
Mahalo
To all those who came to my aid last month. I was on my usual Saturday morning walk when I felt dizzy and light-headed and fell onto a grass lawn on Glen Avenue in Wahiawa. Three gentlemen responded and called 911. One gentleman even gave me bottled water. I was immediately transported to Wahiawa General Hospital’s emergency room. After tests and assistance from the medical staff, the tests were all positive! Many thanks to all who assisted me. — Grateful Senior Walker
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