Legal Opinion
City of Oregon v. Szakovits
Ohio Supreme Court
Decided December 15, 1972No. Nos. 72-158 and 72-301PublishedCited by 64 opinions
1Per curiam
The issue in each case is whether a warrantless arrest for operating a motor vehicle while under *273the influence of alcohol is illegal, if the operation of the vehicle is not actually viewed by the arresting officer.
R. C. 2935.03 states that “A . . . police officer shall arrest and detain a person found violating a law of this state, or an ordinance of a municipal corporation, until a warrant can be obtained.”
In each case, appellant claims that the officer, before arrest, should1 have either obtained a warrant or viewed the actual operation of the vehicle.
Appellees, in effect, maintain that…
2Cases cited5 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Mapp v. OhioSupreme Court of the United States · 1961
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- City of Mentor v. GiordanoOhio Supreme Court · 1967
- City of Piqua v. HingerOhio Supreme Court · 1968
3Cited by64 opinions
- State v. HendersonOhio Supreme Court · 1990
- State v. FinchOhio Court of Appeals · 1985
- City of Fairfield v. RegnerOhio Court of Appeals · 1985
- State v. HummelOhio Court of Appeals · 2003
- City of Westlake v. VilfroyOhio Court of Appeals · 1983
59 more not listed; retrieve them via the Exa API.