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STATE v. MURRELL

No. 00-1757.

94 Ohio St.3d 489 (2002)

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

Supreme Court of Ohio.

Decided April 3, 2002.

Attorney(s) appearing for the Case

Michael K. Allen, Hamilton County Prosecuting Attorney, and Scott A. Rubenstein, Assistant Prosecuting Attorney, for appellee.

Arenstein & Gallagher and Hal R. Arenstein, for appellant.

Ron O'Brien, Franklin County Prosecuting Attorney, and Steven L. Taylor, Assistant Prosecuting Attorney, urging affirmance for amicus curiae Ohio Prosecuting Attorneys Association."

H. Fred Hoefle, urging reversal for amicus curiae Greater Cincinnati Criminal Defense Lawyers Association.

Kravitz & Kravitz and Max Kravitz, urging reversal for amicus curiae Ohio Association of Criminal Defense Lawyers.

Submitted October 17, 2001 at the Greene County Session.

ALICE ROBIE RESNICK, J.

This case requires us to consider the allowable scope of an automobile search incident to the arrest of an occupant of the vehicle. For the reasons that follow, we overrule this court's decision in State v. Brown (1992), 63 Ohio St.3d 349, 588 N.E.2d 113, and therefore affirm the judgment of the court of appeals....

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