State v. Rodrigues.

Opinion of the Court by

ACOBA, J.

We hold that the circuit court of the fifth circuit (the court) properly suppressed the evidence obtained by Respondent/Plaintiff-Appellant State of Hawaii (Respondent) during the unlawful search of Petitioner/Defendant-Appellee Marco Rodrigues (Petitioner) because Respondent failed to “present clear and convincing evidence that [the] evidence obtained in violation of article I, section 7 [of the Hawaii Constitution], 1 would inevitably have been discovered by lawful means[,]” State v. Lopez, 78 Hawai'i 433, 451, 896 P.2d 889, 907 (1995). Hence the evidence was…