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STATE v. FOY

No. COA10-331.

703 S.E.2d 741 (2010)

STATE of North Carolina v. Richard Eugene FOY.

Court of Appeals of North Carolina.

December 21, 2010.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Derrick C. Mertz , for the State.

Appellate Defender Staples S. Hughes , by Assistant Appellate Defender Anne M. Gomez , for defendant-appellant.

STEELMAN, Judge.

Where defendant consented to an officer entering his truck, and a concealed weapon was thereby discovered, it was not unreasonable for the officers to search the truck for additional offense-related contraband under the second exception to Arizona v. Gant, 556 U.S. ___, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009).

I. Factual and Procedural Background

At approximately 3:15 a.m. on 3 April...

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