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STATE v. BRAXTON

No. 875SC1197.

368 S.E.2d 56 (1988)

STATE of North Carolina v. Colonel Dalia BRAXTON, Jr.

Court of Appeals of North Carolina.

May 17, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Thomas D. Zweigart, Raleigh, for the State.

Newton, Harris & Shanklin by Allan Brandon Tise, Wilmington, for defendant-appellant.

SMITH, Judge.

We must first decide whether the initial search of defendant's vehicle was lawful. If it was not, the seizure of the first bag of marijuana was unlawful. Fruits of an unlawful search are not made lawful by the discovery of contraband. Byars v. United States, 273 U.S. 28, 47 S.Ct. 248, 71 L.Ed. 520 (1927).

Defendant contends that the uncontroverted facts fail to establish probable cause for the warrantless...

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