State v. Belk

Defendants contend that the trial court erred in denying their motions to suppress the evidence derived from the search of the automobile and in allowing testimony in reference thereto. In considering this contention it becomes necessary to first consider the case against defendant Fred Berry, Jr., the driver in possession and control of the automobile.

As to defendant Berry: In the case of State v. Moore, 240 N.C. 749, 83 S.E. 2d 912, Denny, J. (later C.J.), speaking for the Court, stated: “It is generally held that the owner or occupant of premises, or the one in charge thereof, may consent…