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The Hawaii Supreme Court says a baggie with suspected drugs and glass pipe found during a pat-down of a homeless man who was stopped for riding an unregistered bicycle cannot be used to prosecute the man because police did not have the right to search him.
The case involves a 39-year-old man who a state judge had found guilty and sentenced to concurrent five-year prison terms for drug
promotion and possession of drug paraphernalia.
Wednesday’s Supreme Court opinion overturns the man’s convictions
and sends the case back for prosecution without the baggie and pipe as
evidence.
A Honolulu police lieutenant stopped the man in April 2014 for riding a bicycle that did not have a tax decal. The Supreme Court says the lieutenant had the constitutional right to detain the man only long enough to
confirm that the bicycle was unregistered and to write him a citation. The high court said that would have taken just a few minutes.
The lieutenant, instead, detained the man until he got back the results of a warrant check, which
took 14 minutes. And the lieutenant never even issued the man a citation for riding a bicycle that had not been taxed.
The warrant check revealed that the man was wanted on a $100 bench warrant for failing to show up in court for being in
a public park after hours. Police discovered the
baggie with the suspected drugs and pipe during the man’s arrest on the warrant.