State v. Walker

HEDRICK, Judge.

Defendant contends the trial court erred in admitting into evidence, over his objection and motion to suppress, the money and lottery tickets taken from his automobile without a search warrant.

Evidence obtained by an unreasonable search is inadmissible in both federal and state courts. U. S. Const., Amend. IV and V; N. C. Const., Art. I, § 20; Mapp v. Ohio, 367 U.S. 643 (1961) ; State v. Simmons, 278 N.C. 468, 180 S.E. 2d 97 (1971). However, it is equally well-settled that when contraband material is in plain view no search is necessary and the constitutional guarantee against…