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STATE v. SMITH

No. 78-411.

56 Ohio St. 2d 405 (1978)

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

Supreme Court of Ohio.

Decided December 7, 1978.

Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. George J. Sadd, for appellant.

Mr. Edgar H. Boles, for appellee.

PAUL W. BROWN, J.

The only issue before this court is whether the officer's search and seizure of the weapon located beneath the driver's seat constituted an unreasonable, and therefore unlawful, search and seizure, in violation of the Fourth and Fourteenth Amendments to the United States Constitution, so as to require suppression of the weapon from introduction in evidence. Mapp v. Ohio (1961), 367 U.S. 643.

The...

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