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STATE v. KALUNA

No. 5431.

520 P.2d 51 (1974)

STATE of Hawaii, Plaintiff-Appellant, v. Johnette Kapulani KALUNA, also known as Lynn Brewer, Defendant-Appellee.

Supreme Court of Hawaii.

March 18, 1974.

Attorney(s) appearing for the Case

Richard D. Wurdeman, Deputy Pros. Atty., City & County of Honolulu, Honolulu (Barry Chung, Pros. Atty., of counsel), for plaintiff-appellant.

Marie N. Milks and Gordon Uechi, Deputy Public Defenders, Honolulu (Donald K. Tsukiyama, Public Defender, of counsel), for defendant-appellee.

Before RICHARDSON, C.J., LEVINSON, KOBAYASHI and OGATA, JJ., and Circuit Judge LUM assigned by reason of vacancy.

LEVINSON, Justice.

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...

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