Traffic stop results in seizure of unlicensed illegal firearm with ammunition

Pago Pago, AMERICAN SAMOA — On May 31, 2024 at about 8:20am, as police officers were on stationary patrol in the village of Avau, they conducted a traffic stop of a Utility Terrain Vehicle (UTV) traveling towards the west due to the passenger not wearing his seatbelt.

As officers approached the vehicle, the driver presented a Hawaii Driver’s License that identified him as Dell Foster.

Officers were informed that the individual was previously warned about operating a vehicle in American Samoa on May 20th and was advised to acquire a local driver’s license on account that his stay exceeded 30 days rendering his off-island license invalid.

As a result, the defendant was notified that his vehicle was going to be impounded because he did not have a valid local driver’s license.

According to the affidavit, the defendant was instructed to exit the vehicle, turn, and face the vehicle with his hands up. The defendant removed a fanny pack that was hanging on his shoulder and complied to the officer's orders. The officer proceeded with a pat down to check for weapons. The defendant was placed in the front seat of the vehicle and detained in handcuffs.

Before the vehicle was impounded, the officer noticed that the defendant’s fanny pack was still in the back seat and asked if the fanny pack belonged to him. The defendant replied, “yes”. The officer asked if the defendant would like to have the bag with him and he replied, “yes”. The officer then “grabbed the fanny pack by the middle of the back and it felt like a pistol”. The officer “started feeling the whole thing from the outside of the bag” and stated “clearly it was a pistol that I felt”. The officer “asked the defendant if this was a firearm inside the fanny pack”, the defendant stared for a couple of minutes before responding with “yes”.

According to the affidavit, the police officer opened the bag and proceeded to clear the weapon. It was revealed that the weapon was loaded with a 9mm Hollow Point Round and in the fanny pack there were three more 9mm rounds. There were two Hollow Points and one Full Metal Jacket Round.

The unlicensed illegal firearm was seized. It was identified as a ‘Taurus G2C 9mm pistol’ with illegal ammunition.

The defendant was apprehended and transported to the Tafuna Police Substation (TPS) to be booked and transported to the Tafuna Correctional Facility (TCF) for 48 hours of confinement.

The defendant was charged with one count of prohibited weapons — a class A misdemeanor, punishable by a term of imprisonment of not more than one (1) year, a fine of up to $1000, or both.

Bail for the defendant was set at $300.

The defendant is identified as a 26-year-old US Citizen.