State v. Simmons

BRANCH, Justice.

Defendant’s principal contention is that the trial court erred in admitting evidence, over his objection and motion to suppress, concerning the non-taxpaid whiskey seized from his automobile.

Evidence obtained by unreasonable search is inadmissible in both Federal and State courts. U. S. Const., Amend. IV and V; N. C. Const., Art. I, § 15; G.S. 15-27; Mapp v. Ohio, 367 U.S. 648, 6 L. Ed. 2d 1081, 81 S.Ct. 1684; State v. Reams, 277 N.C. 391, 178 S.E. 2d 65; State v. Colson, 274 N.C. 295, 163 S.E. 2d 376. It is equally well settled that the constitutional and statutory guarantee…