State v. Soroka

Ronald L. Soroka was adjudged guilty by a justice of the Superior Court sitting without a jury on an indictment which charged him with unlawfully possessing a narcotic drug in violation of G. L. 1956 (1968 Reenactment) §21-28-31. He is now here on a bill of exceptions which raises fourth amendment questions concerning a warrantless search of his person incident to an arrest. Because we find that the search was constitutionally impermissible, we reverse.

The facts relevant to the challenged search and seizure are not in dispute, and may be briefly stated. At about 6 p.m. on February 27, 1969,…