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STATE v. COLES

No. 28578.

20 Ohio Misc. 12 (1969)

THE STATE OF OHIO v. COLES.

Common Pleas Court of Montgomery County.

Decided July 2, 1969.

Attorney(s) appearing for the Case

Mr. Lee C. Falke, prosecuting attorney, and Mr. Horn, for plaintiff.

Mr. Ted Rice, for defendant.

I

BRENTON, J.

Where a law enforcement officer lawfully arrests a motorist for a minor traffic offense, his contemporaneous search of the motorist and the vehicle for weapons, without a search warrant, is lawful.

This right is based upon the fact that an arrest has been made and the officer has a right to protect himself and prevent escape.

The scope of such a search is limited to those areas...

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