A class-action lawsuit filed Thursday accuses the Honolulu Police Department of an “egregious and longstanding pattern and practice” of arresting people without probable cause or due process for allegedly driving under the influence.
The 48-page civil complaint filed by attorneys with the American Civil Liberties Union of Hawaii and Miyashita &O’Steen names HPD Chief Arthur “Joe” Logan and seven officers.
The lawsuit includes Ammon Fepuleai, Sarah Poppinga and Tanner Pangan as class representatives seeking to represent “hundreds of Oahu drivers” who were arrested by HPD without evidence that they were intoxicated.
It alleges that officers arrested “scores of drivers” despite not having “adequate probable cause” to believe they couldn’t drive because they were on alcohol, drugs or both.
“Namely, HPD officers continually arrest drivers who show no outward signs of impairment, perform well on field sobriety tests, and who often blow 0.000 on breathalyzer tests,” read the complaint.
From 2022 through 2024, HPD arrested 127 people who had a blood alcohol content of 0.000 after a breath or blood test for the offense of operating a vehicle under the influence of an intoxicant.
Of those 127 arrests, only about 15, roughly 11.8%, were given a traffic ticket. About three people were charged for driving under the influence of drugs, according to the complaint.
The suit alleges officers stop drivers either “without any problematic driving at a sobriety checkpoint, or for minor traffic infractions.”
“In many cases, officers learn that the driver is coming from a venue or social event where alcohol may have been served. From there, officers follow a script: the driver’s eyes are ‘red,’ ‘watery,’ and/or ‘bloodshot’; the driver has slurred speech; and the officer smells alcohol,” reads the complaint.
Body-worn camera footage reveals that none of that evidence was present, the civil complaint alleges.
“We are trying to get a court order to declare that HPD’s practices are unconstitutional and unlawful,” said Jongwook “Wookie” Kim, legal director for the ACLU of Hawaii, speaking to reporters Thursday during a news conference.
Kim said they want a court order requiring HPD to change its policies and practices related to impaired- driving enforcement.
The complaint does not seek monetary damages.
Pangan was an 18-year-old high school senior when he was arrested in January 2024.
He told reporters he was driving home from practice in the “pouring rain” and fishtailed on the Halawa cutoff. “When I got pulled over and accused of drinking and driving, I was kind of stunned. I don’t drink, I don’t do drugs, nothing,” said Pagan, speaking to reporters Thursday. “I just played sports and went to school.
“I was just driving home. The thought of being arrested didn’t cross my mind at all.”
The trauma of the unlawful arrest has him wondering “what cops are out to get me or what cops are trying to get numbers in the system.”
Pangan filed a complaint with HPD’s Professional Standards Office but was told the officer who arrested him did nothing wrong.
“My civil rights was violated,” Pangan said.
In a statement, the Honolulu Police Department said they take the allegations outlined in the complaint “very seriously.”
In response to the concerns regarding a potential pattern of false arrests related to impaired driving, HPD has “initiated a comprehensive review of all impaired driving arrests dating back to 2021.”
“The goal of this review is twofold — to identify any existing negative patterns and to uncover opportunities for improving our training and operational procedures. Due to the thorough nature of this case-by-case review, the process is extensive and time-consuming,” read the statement. “Nevertheless, we are committed to ensuring it is completed with the utmost care and integrity.”
Self-initiated refresher training for officers involved in impaired-driving enforcement started in May 2024 — “before any correspondence was received from the ACLU regarding the current allegations,” police said.
The three incidents highlighted in the civil complaint happened “prior to this training.”
The two most recent cases presented by the ACLU, Poppinga and Pangan, will be “subject to internal investigations, as was the first case, Fepuleai,” police said.
“We are dedicated to upholding public trust and will take appropriate action should any misconduct be found,” police said.
All evidence related to the Poppinga and Pangan cases will be preserved, including body-worn camera footage of the arrests; computer-aided dispatch, radio and dispatch records; emails, text messages, notes and other HPD communications (including those made on officers’ personal cellphones); and surveillance footage from police stations, including areas outside the station where arrestees are brought in, as well as the booking areas, according to HPD.
“HPD remains committed to transparency, accountability, and the fair and just treatment of all individuals in our community,” police said.
Source: The Garden Island
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