Schmitt v. State

OPINION

By the Court, Gunderson, J.:

Convicted of possessing marijuana in violation of NRS 453.030, appellant contends police officers violated his Fourth Amendment rights when they detained and searched him as he and two companions left a public park near downtown Reno. As the officers acted without a warrant, the State was obliged to show appellant was searched incident to a lawful arrest upon probable cause, or his conviction cannot stand. Gordon v. State, 83 Nev. 177, 426 P.2d 424 (1967); Schnepp v. State, 82 Nev. 257, 415 P.2d 619 (1966); cf. Beck v. Ohio, 379 U.S. 89 (1964).

Inspector Van…