State v. Banner

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 unresolved at the time the order is executed, the order is not invalid — and an arrest made pursuant to that order is not…