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STATE v. CHERRY

No. 47.

257 S.E.2d 551 (1979)

STATE of North Carolina v. Johnny CHERRY, alias Raeford Cherry.

Supreme Court of North Carolina.

September 4, 1979.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Thomas F. Moffitt and Joan H. Byers, Asst. Attys. Gen., Raleigh, for the State.

Fritz Y. Mercer, Jr., Public Defender, and Donna Chu, Asst. Public Defender, Charlotte, of counsel for defendant-appellant.

Mraz & Meacham, P. A., by Mark A. Michael, Charlotte, for defendant-appellant.

Wade M. Smith and Roger W. Smith, Raleigh, of counsel for defendant-appellant.

BRANCH, Justice.

Did the trial judge err by admitting into evidence a pistol seized without a search warrant from a motel room occupied by defendant at the time of his arrest?

Unreasonable searches and seizures are prohibited by the fourth amendment to the United States Constitution, and all evidence seized in violation of the Constitution is inadmissible in a State court as a matter of constitutional law. State v. Colson, 274 N.C. 295...

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