STATE v. DOWNING

No. COA04-928.

613 S.E.2d 35 (2005)

STATE of North Carolina v. William Michael DOWNING, Defendant.

Court of Appeals of North Carolina.

April 19, 2005.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Rudy Renfer, for the State.

McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton, III and Terri W. Sharp, New Bern, for defendant-appellant.


WYNN, Judge.

Under North Carolina law, a search warrant is not required to conduct a lawful search based on probable cause of a motor vehicle in a public roadway or in a public vehicular area. State v. Isleib, 319 N.C. 634, 638, 356 S.E.2d 573, 576 (1987). In this case, the record shows that the police lawfully stopped a vehicle fitting a description...

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