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State V. Kaluna

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eBook details

  • Title: State V. Kaluna
  • Author : Hawaii Supreme Court
  • Release Date : January 18, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

This appeal poses important questions concerning the allowable scope, under the federal and state constitutions, of a warrantless search of an arrestee's body conducted incident to a lawful arrest and preliminary to the arrestee's incarceration. On the afternoon of September 26, 1972, two men, one of whom was armed with a pistol, and a woman reportedly committed an attempted robbery of the McDonald's restaurant in Palolo. In the evening of the same day, the defendant was arrested on the belief that she was one of the participants in the alleged crime. The arresting officers, both of whom were males, did not search the defendant at the scene of her arrest. Instead, they transported her directly to the police station, where she was placed in the custody of police matron Yok Lan Mehau at the receiving desk. Matron Mehau led the defendant into a bathroom and told her to remove her outer garments in preparation for a search. After stripping to her underwear, the defendant reached into the right side of her brassiere and pulled out a piece of tissue paper which was folded in a square. This packet she handed to matron Mehau, stating "This is all I have."


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