Oral Arguments before the Intermediate Court of Appeals
No. 30227 – Wednesday, March 30, 2011, 10:00 a.m.
STATE OF HAWAI`I, Plaintiff-Appellee, vs. LESLIE MICHAEL DABIS, Defendant-Appellant. (Promoting a Dangerous Drug in the Third Degree)
Attorney(s) for Defendant-Appellant
Vaughan S. Winborne, Jr.
Attorney(s) for Plaintiff-Appellee
Jay T. Kimura, Prosecuting Attorney and Jason M. Skier, Deputy Prosecuting Attorney, County of Hawaiʻi
COURT: Leonard, Reifurth and Ginoza, JJ.
SPECIAL NOTE: The above argument was held at:
UNIVERSITY OF HAWAI`I AT MĀNOA
WILLIAM S. RICHARDSON SCHOOL OF LAW
MOOT COURT COURTROOM
2515 DOLE STREET
HONOLULU, HI 96822
Defendant-Appellant Leslie Michael Dabis (Dabis) appeals from the Judgment entered on December 2, 2009 in the Circuit Court of the Third Circuit (Circuit Court). Dabis was convicted of Promoting a Dangerous Drug in the 3rd Degree; Attempted Methamphetamine Trafficking in the 2nd Degree; Lessor Included Offense of Promoting a Dangerous Drug in the 3rd Degree; Prohibited Acts Related to Drug Paraphernalia; Driving Without a License; and Reckless Driving of Vehicle.
Before the Circuit Court, Dabis filed a motion to suppress evidence, asserting that drugs and drug paraphernalia were obtained from an illegal seizure. After a hearing, the Circuit Court determined that an initial seizure of Dabis was illegal, but that, in response thereto, Dabis committed subsequent illegal conduct such that evidence arising from the subsequent conduct was not precluded. Further, the Circuit Court determined that a canine screen undertaken during the time that Dabis was detained for investigation was proper. The Circuit Court therefore denied the motion to suppress.
On appeal, Dabis challenges the Circuit Court’s ruling on the motion to suppress.