STATE v. BEAVER

No. 7825SC150.

246 S.E.2d 535 (1978)

STATE of North Carolina v. Ronnie Lee BEAVER and Johnny Lawrence Williams.

Court of Appeals of North Carolina.

August 15, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Thomas H. Davis, Jr., Raleigh, for the State.

Roberts & Planer, P.A. by Joseph B. Roberts, III, and Childers, Fowler & Whitt by Max L. Childers, Mount Holly, for defendants-appellants.


MITCHELL, Judge.

We must initially consider whether the seizure of the shot glass by Officer Poovey was lawful. If it was not, the subsequent arrests of the defendants and searches of their persons and of the vehicle, based upon the fruits of the unlawful seizure, were not made lawful by the later determination that the powder contained in the shot glass was a type of amphetamine or by the finding of marijuana on the person of one of the defendants and in the automobile...

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