STATE v. EVANS

No. 92-311.

67 Ohio St.3d 405 (1993)

THE STATE OF OHIO, APPELLANT, v. EVANS, APPELLEE.

Supreme Court of Ohio.

Decided September 22, 1993.


Attorney(s) appearing for the Case

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and George J. Sadd, Assistant Prosecuting Attorney, for appellant.

Edward S. Wade, Jr., and James R. Willis, for appellee.


MOYER, C.J.

In determining whether defendant's constitutional rights were violated, we must consider two issues arising under the Fourth Amendment. First, having lawfully detained defendant for a traffic violation, did the police officers have the authority to conduct a pat-down search of defendant's body after ordering him out of his car? Second, if the officers had legal authority to search defendant, did they exceed the permissible scope of that pat-down search...

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