STATE v. BANNER

No. COA10-123.

701 S.E.2d 355 (2010)

STATE of North Carolina v. Norman Baxter BANNER.

Court of Appeals of North Carolina.

November 2, 2010.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General John P. Scherer II , for the State.

Mercedes O. Chut , Greensboro, for defendant-appellant.


HUNTER, JR., ROBERT N., Judge.

The Lenoir County police discovered drugs in defendant's possession after executing an order to arrest for failure to appear. Defendant argues the order to arrest was invalid because clerical officials were aware the order was issued erroneously, and therefore, his arrest and the search incident to arrest were both unconstitutional. Provided the underlying charges that form the basis for an order to arrest for failure to appear remain...

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