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STATE v. MERJIL

No. 7876.

655 P.2d 864 (1982)

STATE of Hawaii, Plaintiff-Appellee, v. Arturo MERJIL, Defendant-Appellant.

Supreme Court of Hawaii.

December 28, 1982.

Attorney(s) appearing for the Case

Daphne Barbee, Deputy Public Defender, Honolulu (Michael Tanigawa, Deputy Public Defender, Honolulu), for defendant-appellant.

Arthur E. Ross, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., NAKAMURA, J., MARUMOTO, Retired Justice, in place of LUM, J., excused, and OGATA and MENOR, Retired Justices, assigned temporarily.

RICHARDSON, Chief Justice.

Defendant appeals from his conviction of promoting harmful drugs in the third degree. He asserts that a search of his anal cavity by customs officers contravened his right to be free from unreasonable searches and seizures, that the instructions in the court order authorizing the search were not followed, and any consent he gave was obtained under duress. We reverse.

I.

Defendant arrived in Honolulu at 11:00 a.m. on April...

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