State v. Cooper

MORRIS, Judge.

Defendant assigns as error the ruling of the trial court that the search of defendant Cooper was incident to a lawful arrest and that the evidence obtained thereby was admissible. Defendant contends that the arrest was made without a warrant and not authorized by the provisions of G.S. 15-41. Therefore the arrest being invalid, defendant argues that the evidence obtained from the search incident to such an arrest was “tainted” and inadmissible.

An arrest without a warrant is illegal unless authorized by statute. State v. Moore, 275 N.C. 141, 166 S.E. 2d 53 (1969); State v.…