STATE v. TODD

No. 8124SC731.

286 S.E.2d 849 (1982)

STATE of North Carolina v. James Robert TODD, Jr.

Court of Appeals of North Carolina.

February 16, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. J. Michael Carpenter, Raleigh, for the State.

Steven A. Bernholz and Barry Nakell, Chapel Hill, for defendant-appellee.


WEBB, Judge.

Pursuant to New York v. Belton, ___ U.S. ___, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), decided after this case was determined in superior court, we reverse. In Belton, the defendant and three companions were stopped by a trooper for speeding. The trooper removed all four persons from the vehicle when he smelled a distinct odor of marijuana emanating from the vehicle. After the defendant and the other occupants had been removed from the vehicle...

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