STATE v. MITCHELL

No. 50.

266 S.E.2d 605 (1980)

STATE of North Carolina v. Charles James MITCHELL.

Supreme Court of North Carolina.

June 3, 1980.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Joan H. Byers, Asst. Atty. Gen., Raleigh, for the State appellant.

H. Gerald Beaver, Fayetteville, for defendant-appellee.


HUSKINS, Justice:

Did the trial court err in granting defendant's motion to suppress the physical evidence on the ground that there was no probable cause for the warrantless search and seizure of defendant's old white Pinto and its right rear tire? For reasons which follow, we answer in the affirmative.

It is well settled that evidence of crime falling in the plain view of an officer who has a right to be in a position to have that view is subject to seizure...

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