Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Criminal Offenses
Drug Offenses
State v. Morton, 204 N.C. App. 578 (Jun. 15, 2010)
There was probable cause supporting a warrantless search of the defendant. During a pat-down, an officer felt a digital scale in the defendant’s pocket and the defendant confirmed the nature of the object. The officer was justified in concluding that the scale was contraband given informant tips that defendant was selling drugs. Additionally, the defendant was coming from the area in which the informants claimed he was selling drugs, and he was acting nervously. The defendant did not challenge the trial court’s conclusion that exigent circumstances were present.