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STATE v. COOPER

No. 8110SC13.

278 S.E.2d 532 (1981)

STATE of North Carolina v. William Lee COOPER.

Court of Appeals of North Carolina.

June 2, 1981.

Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Sp. Deputy Atty. Gen., Myron C. Banks, Raleigh, for State.

Donald H. Solomon, Raleigh, for defendant-appellant.

HEDRICK, Judge.

The order denying defendant's motion to suppress is bottomed on the conclusions that the search of the truck driven by defendant was incident to a lawful arrest for driving under the influence, that the paper bag containing marijuana was in plain view, or "plain odor," and that

[t]here is no reasonable expectation of privacy in placing a bag under the seat of a vehicle and then driving the vehicle in such a way that is quite likely that the...

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