STATE v. SMITH

No. 7920SC132.

255 S.E.2d 210 (1979)

41 N.C. App. 600

STATE of North Carolina v. David Lee SMITH.

Court of Appeals of North Carolina.

June 5, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., James Wallace, Jr., Raleigh, for the State.

Seawell, Pollock, Fullenwider, Robbins & May by Bruce T. Cunningham, Jr., Carthage, for defendant-appellant.


ARNOLD, Judge.

The defendant argues that evidence of the methamphetamine should have been suppressed because the box which contained it was not properly seized. His contention is that since Detective Campbell did not discover the methamphetamine until a later inventory of the box, he did not know the box contained contraband and therefore had no reason to seize it. Detective Campbell's uncontradicted testimony is that he saw in the open box "various paraphernalia...

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