State v. Downing
Court of Appeals of North Carolina
1Opinion of the Court
WYNN, Judge.
Under North Carolina law, a search warrant is not required to conduct a lawful search based on probable cause of a motor vehicle in a public roadway or in a public vehicular area. State v. Isleib, 319 N.C. 634, 638, 356 S.E.2d 573, 576 (1987). In this case, the record shows that the police lawfully stopped a vehicle fitting a description given by a reliable confidential informant, lawfully entered and moved the vehicle with Defendant’s consent, and smelled cocaine upon entering and moving the vehicle. Because we hold that these facts show that probable cause existed to search the…
2Cases cited13 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Illinois v. GatesSupreme Court of the United States · 1983
- United States v. RossSupreme Court of the United States · 1982
- State v. WatkinsSupreme Court of North Carolina · 1994
- State v. BardenSupreme Court of North Carolina · 2002
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. DegraphenreedCourt of Appeals of North Carolina · 2018
- State v. ParkerCourt of Appeals of North Carolina · 2007
- State v. PetersonCourt of Appeals of North Carolina · 2006
- State v. SmithCourt of Appeals of North Carolina · 2012
- State v. ArmstrongCourt of Appeals of North Carolina · 2014
19 more not listed; retrieve them via the Exa API.