State v. Foster

CLARK, Judge.

The denial of defendants’ motions to suppress was not error. The constitutional right to be free from unreasonable searches and seizures may be waived. State v. Vestal, 278 N.C. 561, 180 S.E. 2d 755 (1971). The lawful user of a car may consent to its search. 68 Am. Jur. 2d, Searches and Seizures § 53 (1973). Passengers in a car may not object to incriminating evidence seized pursuant to a warrantless search when the owner or person having possession and control of the car consented to the search. State v. Grant, 279 N.C. 337, 182 S.E. 2d 400 (1971); State v. Raynes, 272 N.C. 488,…