Legal Opinion

State v. Smith

Ohio Supreme Court

Decided December 7, 1978No. 78-411PublishedCited by 52 opinions

1Opinion of the CourtPaul W. Beown, J.

The only issue before this court is whether the officer’s search and seizure of the weapon located beneath the driver’s seat constituted an unreasonable, and therefore unlawful, search and seizure, in violation of the Fourth and Fourteenth Amendments to the United States Constitution, so as to require suppression of the weapon from introduction in evidence. Mapp v. Ohio (1961), 367 U. S. 643.

The Fourth Amendment prohibits only those searches and seizures which are unreasonable. Harris v. United States (1947), 331 U. S. 145. Searches conducted outside *407the judicial, process, without a warrant,…

2Cases cited11 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Mapp v. OhioSupreme Court of the United States · 1961
  4. Carroll v. United StatesSupreme Court of the United States · 1925
  5. Chimel v. CaliforniaSupreme Court of the United States · 1969

6 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. State v. BoboOhio Supreme Court · 1988
  2. State v. CurryOhio Court of Appeals · 1994
  3. State v. MooreWest Virginia Supreme Court · 1980
  4. People v. LewisSupreme Court of Colorado · 1983
  5. State v. WoodsOhio Court of Appeals · 1982

47 more not listed; retrieve them via the Exa API.

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