SMITH v. OHIO

No. 89-5999.

494 U.S. 541 (1990)

SMITH v. OHIO

Supreme Court of United States.

Decided March 5, 1990


PER CURIAM.

This case raises the single question whether a warrantless search that provides probable cause for an arrest can nonetheless be justified as an incident of that arrest. A divided Ohio Supreme Court answered that question in the affirmative, reasoning that the search was neither remote in time nor place from the arrest. We disagree.

On a June evening, as petitioner and a companion exited a private residence and entered the parking lot of a YMCA...

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