HPD " Stop Policy" (Read 1618 times)

suka

HPD " Stop Policy"
« on: November 23, 2015, 09:22:54 AM »
This is to a incident I personally witnessed over a decade ago in Waikiki.

A man was sitting in a stairwell on private property, he appears to be homeless and dressed pretty raggedy. Two beat officers approach the man and immediately ask for ID. It did not appear that the property owners called it in as the officers walkie was never used to report arriving at the scene. Both officers threatend arrest if No ID can be produced.

Hawaii has no identification law if no Traffic violation was involved under "291C-172 Refusal to provide identification". Again this is under Traffic Violation and would only apply to pedestrians if a traffic violation incurred  , such as Jaywalking.




HPD Stop and Frisk Policy
1.
A consensual encounter is a voluntary interaction between the police and the public. Generally, a consensual encounter does not invoke the Fourth Amendment of the Constitution. Legal principles regarding investigative stops/detentions do not prohibit officers from contacting persons and engaging such persons in conversation. Constitutionally, there is nothing that prevents a police officer from addressing questions, in an appropriate manner, to anyone on the streets when the individual to whom the questions are addressed is under no compulsion to cooperate. In a consensual encounter, the person need not
cooperate with the police and is free to leave at anytime.
If a person is not free to leave, it is generally considered an investigative stop or detention.

3.
To justify an investigative stop, the police must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrants the intrusion. The ultimate test in these situations must be whether from these facts, measured by an objective standard, a person of reasonable caution would be warranted in believing that criminal activity was afoot and that the action taken was appropriate.




http://www.honolulupd.org/information/pdfs/WarrantlessSearchesandSeizures-03-31-2015-13-10-55.pdf

suka

Re: HPD " Stop Policy"
« Reply #1 on: November 23, 2015, 09:40:25 AM »
TITLE 17 - MOTOR AND OTHER VEHICLES CHAPTER 291C - [STATEWIDE TRAFFIC CODE]




 §291C-172  Refusal to provide identification.  (a)  Except as provided in subsection (b), any person detained for a violation of this chapter shall provide the person's name and address, or any proof thereof, or both, upon the lawful order or direction of any police officer in the course and scope of the officer's duties pursuant to this chapter.

     (b)  A pedestrian who is detained for violating part VII of this chapter shall provide the person's name and address upon the lawful order or direction of a police officer in the course and scope of the officer's duties.  If the officer has reasonable grounds to believe that the person is being deceptive or misleading in providing the person's name and address, the person shall provide such proof thereof, upon the lawful order or direction of the police officer. [L 1978, c 111, pt of §2; am L 1984, c 215, §1; am L 1995, c 169, §1]

eyeeatingfish

Re: HPD " Stop Policy"
« Reply #2 on: November 25, 2015, 06:21:55 AM »
I believe there is one in the city ordinances too, but it is also related to traffic offenses, not just having an ID.

As to your observations in Waikiki, there may have been something more to the case that could have justified what they said. No way of knowing whether they were justified or not from that limited observation.