2002 OHIO 1495 - State v. Taufeeq

[This decision has been published in Ohio Official Reports at

94 Ohio St.3d 501

.]




             THE STATE OF OHIO, APPELLANT, v. TAUFEEQ, APPELLEE.
                     [Cite as State v. Taufeeq,

2002-Ohio-1495

.]
Criminal law—Search and seizure—Search of passenger compartment of
          automobile after lawful custodial arrest of occupant of automobile—Court
          of appeals’ judgment reversed and cause remanded to trial court on
          authority of State v. Murrell.
       (No. 01-1902—Submitted March 13, 2002—Decided April 3, 2002.)
 APPEAL from the Court of Appeals for Clermont County, No. CA2000-12-094.
                                   __________________
          {¶ 1} The judgment of the court of appeals is reversed, and the cause is
remanded to the trial court for further proceedings on the authority of State v.
Murrell (2002),

94 Ohio St.3d 489

764 N.E.2d 986

, decided today.
          DOUGLAS, RESNICK, F.E. SWEENEY, COOK and LUNDBERG STRATTON, JJ.,
concur.
          MOYER, C.J., dissents.
          PFEIFER, J., dissents and would affirm the judgment of the court of appeals.
See his dissent in State v. Murrell (2002),

94 Ohio St.3d 489

764 N.E.2d 986

.
                                   __________________
          Donald W. White, Clermont County Prosecuting Attorney, Daniel J. Breyer
and David H. Hoffmann, Assistant Prosecuting Attorneys, for appellant.
                                   __________________




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