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IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--STATE OF HAWAI#I, Plaintiff-Appellee, vs. WILLIAM L. PRENDERGAST, Defendant-Appellant. NO. 24793 APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT (Case No. TR29-30 of 7/12/01) FEBRUARY 2, 2004 MOON, C.J., LEVINSON, NAKAYAMA, AND DUFFY, JJ.; WITH ACOBA, J., CONCURRING SEPARATELY OPINION OF THE COURT BY DUFFY, J. Defendant-appellant William L. Prendergast appeals from the second circuit court's judgment of conviction and sentence for driving under the influence of intoxicating liquor [hereinafter, "DUI"] filed on November 21, 2001. Prendergast

argues that the district court erroneously denied his motion to suppress evidence recovered as a result of an anonymous tip that he was driving erratically. Based on the following, we affirm

the district court's ruling on the motion to suppress as well as the district court's judgment of conviction and sentence.

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I. BACKGROUND

At approximately 9:05 p.m. on May 7, 2001, Maui Police Department (MPD) Officer Gordon Sagun was at the K

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Hawaii Law