State v. McPeak

The defendants’ assignments of error present one question for decision: Were the implements of housebreaking and the narcotic drugs found in McPeak’s automobile admitted in evidence in violation of the provisions of G.S. 15-27, Article 1, Section 11, of the State Constitution and the 14th Amendment to the U. S. Constitution?

It is well settled law that a person may waive his right to be free from unreasonable searches and seizures. A consent to search will constitute such a waiver, only if it clearly appears that the person voluntarily consented, or permitted, or expressly invited and agreed…