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STATE v. BEMBERY

No. 761SC797.

234 S.E.2d 33 (1977)

33 N.C. App. 31

STATE of North Carolina v. Dan Junior BEMBERY.

Court of Appeals of North Carolina.

Certiorari Denied July 14, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Catharine Biggs Arrowood, Raleigh, for the State.

John V. Matthews, Jr., Hertford, for defendant-appellant.

Certiorari Denied by Supreme Court July 14, 1977.

CLARK, Judge.

The first issue on appeal is whether the seizure of the tires in plain view was in violation of the provision of the Fourth Amendment of the Constitution of the United States prohibiting "unreasonable searches and seizures". (Defendant has not questioned that exigent circumstances existed to seize the tires without warrant.)

The brief for the...

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