State v. McNeill

WELLS, Judge.

Defendant first assigns error to the denial of his pre-trial motion to suppress any evidence obtained as a result of his arrest on 20 August 1980. Defendant contends that there was no probable cause for his detention or arrest. Without probable cause a warrantless arrest is illegal under G.S. 15A-401(b), and as a general rule, G.S. 15A-974, evidence obtained therefrom is inadmissible. Mapp v. Ohio, 367 U.S. 643, 6 L.Ed. 2d 1081, 81 S.Ct. 1684 (1961), Wong Sun v. U.S., 371 U.S. 471, 9 L.Ed. 2d 441, 83 S.Ct. 407 (1963).

The trial judge made a finding of fact that defendant’s…