State v. Harris

SHARP, Justice.

Defendant appeals upon the assumption that his warrant-less arrest was without probable cause; that the accompanying search of his person was therefore illegal and the fruits of the search inadmissible in evidence against him. He concedes, ex necessitate, that if State’s Exhibits 1 and 2 were admissible the case was properly submitted to the jury. State v. Bell, 270 N.C. 25, 153 S.E. 2d 741.

“A police officer may search the person of one whom he has lawfully arrested as an incident of such arrest .... In the course of such search, the officer may lawfully take from the person…