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STATE v. MACKEY

No. 8126SC585.

291 S.E.2d 663 (1982)

STATE of North Carolina v. Billy Ray MACKEY.

Court of Appeals of North Carolina.

February 16, 1982.

Attorney(s) appearing for the Case

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

James, McElroy & Diehl, P. A. by Gary S. Hemric, Charlotte, for defendant-appellee.

MORRIS, Chief Judge.

State contends that the trial court erred in holding that there was neither probable cause nor exigent circumstances for the search and seizure conducted by Officer Parker. State does not contest the court's holding regarding the insufficiency of the search warrant to justify that search.

A warrantless search of an automobile may be constitutionally reasonable if there is probable cause to make the search.

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