Does a search warrant need to be issued to suppress evidence of a bindle found in the rectum of a man who was asked to spread his rectum?

Regardless of whether the conduct of the officers here constituted an intrusion into a body cavity, as opposed to a "visual inspection of a body cavity" (Pen. Code, 4030, subd. (d)(2)), for which no warrant is necessary, suppression of evidence is required only if it is the product of a search conducted without probable cause under the United States Constitution. (See People v. McKay (2002) 27 Cal.4th 601, 609-610; People v. Wade (1989) 208 Cal.App.3d 304, 307-308.) Such cause existed in this case.

In People v. Wade, supra, 208 Cal.App.3d 304, a defendant who appeared to be under the influence of narcotics during a traffic stop for an expired registration was taken to the police station where he was asked to pull down his trousers and spread his buttocks. An officer saw a plastic object protruding from the defendant's anus. Another officer, wearing rubber gloves, spread the defendant's buttocks, causing the bindle to fall to the floor. (Id. at pp. 306-307.)