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SCHMITT v. STATE

No. 6524.

497 P.2d 891 (1972)

Robert J. SCHMITT, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

June 6, 1972.

Attorney(s) appearing for the Case

H. Dale Murphy, Public Defender and William H. Whitehead, III, Deputy Public Defender, Reno, for appellant.

Robert List, Atty. Gen., Carson City, Robert E. Rose, Dist. Atty., and C. Frederick Pinkerton, Deputy Dist. Atty., Reno, for respondent.

OPINION

GUNDERSON, Justice:

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...

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