NOT FOR PUBLICATION
IN THE INTERMEDIATE COURT OF APPEALS
STATE OF HAWAI`I, Plaintiff-Appellee, v.
SHANE EDRALIN, Defendant-Appellant,
and CYNTHIA CHEONG, Defendant
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 01-1-2272)
SUMMARY DISPOSITION ORDER
(By: Burns, C.J., Watanabe and Lim, JJ.)
After a meticulous review of the record and the briefs submitted by the parties, and giving careful consideration to the arguments advanced and the issues raised by the parties, we conclude the circuit court was right when it denied Defendant's motion to suppress, State v. Jenkins, 93 Hawai`i 87, 100, 997 P.2d 13, 26 (2000), because:
1. Defendant was not yet "in custody" when he made statements to Honolulu Police Department officer Charles Rezentes (Officer Rezentes) in the parking lot of the Stadium Mall K-Mart, and thus, prior Miranda warnings were not required, State v. Ah Loo, 94 Hawai`i 207, 212, 10 P.3d 728, 733 (2000); and
2. Officer Rezentes eventually had probable cause to arrest Defendant for theft, State v. Vance, 61 Haw. 291, 294, 602 P.2d 933, 937 (1979); therefore,
a. The search that turned up the Winnie-the-Pooh-Bear pouch, and the black nylon pouch containing the glass pipe in plain view, State v. Meyer, 78 Hawai`i 308, 314, 893 P.2d 159, 165 (1995), was a lawful pre-incarceration search, State v. Clark, 65 Haw. 488, 498, 654 P.2d 355, 362 (1982); and
b. The statement Defendant made during the booking process was an admissible spontaneous utterance. State v. Amorin, 61 Haw. 356, 359-60, 604 P.2d 45, 48 (1979).
IT IS HEREBY ORDERED that the April 21, 2003 judgment of the circuit court, as amended on May 8, 2003, is affirmed.
DATED: Honolulu, Hawai`i, April 26, 2005.
Nelson W.S. Goo,
Deputy Prosecuting Attorney,
City and County of Honolulu,
1. The Honorable Victoria S. Marks presided.