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STATE v. RODRIGUES

No. SCWC-30692.

286 P.3d 809 (2012)

128 Haw. 200

STATE of Hawai`i, Respondent/Plaintiff-Appellant, v. Marco RODRIGUES, Petitioner/Defendant-Appellee.

Supreme Court of Hawai`i.

As Corrected October 26, 2012.

Attorney(s) appearing for the Case

James S. Tabe and Craig W. Jerome , for petitioner.

Charles A. Foster , for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, and McKENNA, JJ., and Circuit Judge TO'OTO'O, Assigned Due to Vacancy.

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 Hawai`i (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 Hawai`i Constitution],

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