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STATE v. BLACKWELDER

No. 7712SC394.

238 S.E.2d 190 (1977)

34 N.C. App. 352

STATE of North Carolina v. Roger M. BLACKWELDER.

Court of Appeals of North Carolina.

November 2, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Atty. Richard L. Griffin, Raleigh, for the State, appellant.

Public Defender Mary Ann Tally, Fayetteville, for defendant-appellee.

CLARK, Judge.

The State assigns as error the court's order to suppress the evidence on the grounds that seizure of the contraband was a violation of the defendant's constitutional Fourth Amendment protection against illegal searches and seizures.

The State contends first that Agent Mills had a right to stop the car and remove the driver pursuant to G.S. § 20-183(a), which reads in pertinent part:

"It shall be the duty of the law-enforcement officers...

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