State v. Eubanks

HUSKINS, Justice.

Before pleading to the charge contained in the warrant defendant moved to suppress the results of the breathalyzer test “and the officer’s observations of this defendant,” contending such evidence was rendered inadmissible by the illegality of defendant’s arrest without a warrant. Denial of the motion is assigned as error.

It is provided by G.S. 15-41 that a peace officer may make an arrest without a warrant: “(1) When the person to be arrested has committed a felony or misdemeanor in the presence of the officer, or when the officer has reasonable ground to believe that the…