State v. Brown

This case requires us to define the proper scope of a search of an automobile incident to the driver’s arrest for driving under the influence of alcohol. The state urges us to reverse the lower courts on the basis of New York v. Belton (1981), 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768. We decline to do so. An arrest for a traffic violation does not automatically entitle an officer to conduct a detailed search of the arrestee’s automobile.

The Fourth Amendment to the United States Constitution and Section 14, Article I of the Ohio Constitution require the police to obtain a warrant based on…