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State v. Clark11/23/1982
supra. The standard of warrantless searches into the body is the same for searches incident to arrest as for pre-incarceration searches: there must be a clear indication that evidence will be found and an emergency prevents the obtaining of a warrant. To hold otherwise would allow the police to conduct such a search without the restrictions of Schmerber merely by placing the arrested person in a cell.
The judgment of conviction and the order denying defendant's motion to suppress are reversed and the case is remanded for further proceedings.
Disposition
Reversed and remanded.
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