State v. Ervin

ARNOLD, Judge.

I

We first consider defendant Ervin’s contention that the trial court erred in denying his motion to suppress the evidence taken from him and from the vehicle by the officers. Ervin had no standing to contest the search of the automobile. He was in the position of defendant Campbell in State v. McPeak, 243 N.C. 243, 90 S.E. 2d 501 (1955), where the court said: “The Oldsmobile belonged to McPeak [who was driving]: Campbell was a passenger or guest therein. Campbell’s rights were not invaded by the search of McPeak’s car, and he had no legal right to object thereto.” Id. at 246, 90…