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LIDO SOCIAL CLUB v. STATE

No. 52, Criminal Action, 1952.

86 A.2d 859 (1952)

LIDO SOCIAL CLUB v. STATE.

Superior Court of Delaware, New Castle.

February 15, 1952.

Attorney(s) appearing for the Case

David B. Coxe, Jr., Wilmington, for petitioner.

Januar D. Bove, Jr., Louis J. Finger, Wilmington, for respondent.

LAYTON, Judge.

The arrest and seizure here under consideration were made pursuant to Vol. 48, Del.Laws, Chapt. 303, Sec. 64 which provides:

"5343-CC. Sec. 64. Search Without Warrant; Lawful When Incident to an Arrest. A search of a house or other place may be made without a warrant if:

"(a) The search is made incidental to a lawful arrest; and

"(b) The search is made contemporaneously with the arrest...

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