State v. Mathews

In State v. Mathews (1976), 46 Ohio St.2d 72, 346 N.E.2d 151, the police responded to a report of gunshots fired at a residential address. Upon entering the apartment, they discovered books and policy slips as well as other betting paraphernalia. One of the officers heard a toilet being flushed, and asked who was in the bathroom. Mathews responded that she was using the bathroom, and the officer instructed her to stop flushing the toilet, but she did not comply. As a consequence, the officer instructed her to step out of the bathroom. When she emerged, she was clutching her purse under her arm. The officer informed her that she was being arrested for being in a policy house, but she refused to relinquish the purse to the officers. After several requests, she surrendered the purse. When one of the officers opened the purse, he discovered three loaded .38 caliber handguns. Mathews was subsequently charged with three counts of carrying a concealed weapon. In reviewing the constitutionality of the search, the Ohio Supreme Court conducted a two prong test: first, the Court determined that the arrest was lawful, and second, the Court determined that the search of the purse, which was under Mathews' immediate control at the time of the arrest, was reasonable. Id. at 75, 346 N.E.2d 151.