Fourth amendment blog reports
NC: Expired tag justifies a search incident
Defendant was arrested for driving on an expired license of a vehicle after a stop for a worn and tattered paper tag. That permitted a complete search of the interior. The rule as to vehicles is different that dwellings. State v. Carter, 2008 N.C. App. LEXIS 1159 (June 17, 2008):
Defendant relies on a series of cases that state an arresting officer may lawfully search only for property connected to the crime with which he is charged. However, none of the cases relate to the search of a defendant within an automobile, and as such are irrelevant. Defendant attempts to graft on to the above-stated rule not only a requirement that the search be only for evidence of the crime for which the defendant was arrested, but also a requirement that the illegal nature of that evidence be immediately apparent. In none of the many cases cited above (Brooks, et al.) in which our Courts have considered this type of search has either been made a requirement.
Comment: So--what about an arrest for speeding? Does that justify a search incident in N.C.?
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