STATE v. HART

No. 8310SC101.

308 S.E.2d 474 (1983)

STATE of North Carolina v. Thomas G. HART.

Court of Appeals of North Carolina.

November 1, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Ann Reed, Sp. Deputy Atty. Gen., and Doris Holton, Associate Atty. Gen., Raleigh, for the State.

Dean & Dean by Joseph W. Dean, Raleigh, for defendant-appellee.


VAUGHN, Chief Judge.

The issue on appeal is whether the trial court erred in concluding that the arrest and subsequent search of defendant were unlawful.

Under G.S. 15A-401(b), an officer may arrest, without a warrant, any person the officer has probable cause to believe has committed a criminal offense in his presence or a felony out of his presence. Under the North Carolina Controlled Substances Act, possession of heroin is a felony. G.S. 90-86, et seq...

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