United States v. Eteuati Paopao

Eteuati Paopao (“Paopao”) pled guilty to a violation of 18 U.S.C. § 922 (g), possession of a firearm by a felon. Under a reservation of rights, he now appeals two of the District Court’s rulings. Specifically, Paopao alleges that the District Court erred in not suppressing the Honolulu Police Department’s seizure of his handgun during a protective sweep of an illegal gambling room. Paopao also claims that the District Court should have granted his motion to dismiss the charges because they were unconstitutional as applied to him. This court has jurisdiction pursuant to 18 U.S.C. § 3231 and 28 U.S.C. § 1291 and affirms.

Background

In late summer 2004, two perpetrators committed a series of robberies of illegal gambling rooms. The robbers posed as police officers and were armed. Based on descriptions provided by victims and information provided by unidentified sources, Honolulu Police Officer Joseph Lum (“Officer Lum”) believed that the two robbers were Sam Matamua (“Matamua”) and Pao-pao.

On the morning of August 20, 2004, Honolulu Police Detective Brian Lee (“Detective Lee”) received a call from a confidential informant who stated that the men responsible for the earlier…