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Attorney questions ‘pat down’ after client is pulled over in traffic stop

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — The female driver — Suipapa Taavili — of a vehicle pulled over by police last month for blacked out tail lights and speeding is now charged with violating local drug laws.

On Sept. 8, 2020 about 1 a.m, a vehicle was pulled over by traffic officers on the Puapua Public Highway after they observed it had blacked out tail lights. The vehicle was also speeding.

According to the government, Taavili did not possess a driver’s license nor did she have any sort of identification on her. She was told the vehicle would be impounded at the Tafuna Police Substation (TPS) because she didn’t have a driver’s license.

Taavili told officers that there was no reason for them to stop her vehicle and she didn’t violate any traffic laws. When asked to step out of her vehicle, Taavili refused and continued to accuse officers of violating her rights and setting her up.

After a long confrontation, Taavili finally agreed to cooperate with police and agreed to be transported to the TPS for further investigation.

It was during the pat down, conducted by a female police officer, for weapons or drugs that a glass pipe containing white crystalline substance was found in Taavili’s left pants pocket. A small stamp-sized baggie containing green leafy substance was found in her purse.

Both substances were later tested with the white crystalline inside the glass pipe yielding positive results for methamphetamine (meth), and the green leafy substance yielding positive results for THC, the active compound in marijuana.

When asked about the glass pipe containing meth, Taavili told investigators that she was on her way to drop off her son to her sister when her vehicle was pulled over by police. She also saw a glass pipe and she was nervous and scared so she grabbed it and put it inside her pants pocket. The officer approached her vehicle and explained to her the reason for the stop but she was still nervous because of the glass pipe inside her pocket.

Taavili made her initial appearance in District Court last month.

Taavili was charged with one count of unlawful possession of meth and one count of unlawful possession of marijuana, both unclassified felonies punishable by a term of imprisonment of not less than five nor more than ten years and a fine of not less than $5,000 nor more than $20,000, or both.

Bail is set at $5,000.

During Taavili’s initial proceedings, her defense attorney informed the court that the defendant wished to have her preliminary examination (PX).

PX

During PX, the government witness who is also the lead investigator in this case told the court that a glass pipe containing meth and the small baggie containing marijuana was found in the defendant’s possession during a pat down by officers on Sept. 8th.

The defense attorney asked the witness why the police officers who initiated the traffic stop conducted a body search on his client; and the witness told the court that this is their normal procedure when dealing with people who are under police custody for any alleged crime. They have to be searched for weapons and illegal drugs, not only for police officers’ safety but also their own safety.

Taavili appeared in High Court last week for her initial appearance. Her next court hearing is set for December of this year.