State v. Clark

OPINION OF THE COURT BY

RICHARDSON, C.J.

This is an appeal from a judgment of conviction for first degree theft. More specifically, defendant-appellant Clark appeals an order denying her motion to suppress as evidence currency recovered from her vagina during a warrantless, nonconsensual, stationhouse search conducted approximately four hours after her arrest. The lower court held that the search contravened neither U.S. Const, amend. IV 1 nor Hawaii Const, art. I, § 7, 2 being incident to a valid arrest and being supported by probable cause and exigent circumstances. We reverse.

I

On December 9,…