State v. Hart

VAUGHN, Chief Judge.

The issue on appeal is whether the trial court erred in concluding that the arrest and subsequent search of defendant were unlawful.

Under G.S. 15A-401(b), an officer may arrest, without a warrant, any person the officer has probable cause to believe has committed a criminal offense in his presence or a felony out of his presence. Under the North Carolina Controlled Substances Act, possession of heroin is a felony. G.S. 90-86, et seq.

In the instant case, police officers received information from a confidential and reliable informant that defendant would be in Raleigh at one…