Legal Opinion

State v. MacKey

Court of Appeals of North Carolina

Decided February 16, 1982No. 8126SC585PublishedCited by 2 opinions

1Opinion of the Court

MORRIS, Chief Judge.

State contends that the trial court erred in holding that there was neither probable cause nor exigent circumstances for the search and seizure conducted by Officer Parker. State does not contest the court’s holding regarding the insufficiency of the search warrant to justify that search.

A warrantless search of an automobile may be. constitutionally reasonable if there is probable cause to make the search. Carroll v. U.S., 267 U.S. 132, 69 L.Ed. 543, 45 S.Ct. 280 (1925); State v. Ratliff, 281 N.C. 397, 189 S.E. 2d 179 (1972); State v. Chambers, 41 N.C. App. 380, 255 S.E.…

2Cases cited8 opinions

  1. Carroll v. United StatesSupreme Court of the United States · 1925
  2. State v. PhiferSupreme Court of North Carolina · 1976
  3. State v. RatliffSupreme Court of North Carolina · 1972
  4. State v. SimmonsSupreme Court of North Carolina · 1971
  5. Rice v. PetersCourt of Appeals of North Carolina · 1980

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3Cited by2 opinions

  1. State v. FordCourt of Appeals of North Carolina · 1984
  2. State v. MavrogianisCourt of Appeals of North Carolina · 1982

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