(DOWNLOAD) "North Carolina v. Williams" by Court of Appeals of North Carolina No. 763SC595 # eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Williams
- Author : Court of Appeals of North Carolina No. 763SC595
- Release Date : January 19, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The Fourth Amendment to the Federal Constitution prohibits unreasonable searches and seizures and provides that no warrant shall be issued without probable cause. Warrantless searches are per se unreasonable under the Fourth Amendment subject only to a few specifically established and well-delineated exceptions which are jealously and carefully drawn. Coolidge v. New Hampshire, 403 U.S. 443, 91 S. Ct. 2022, 29 L. Ed. 2d 564 (1971). Through the Fourteenth Amendment, this principle applies to the states as well. Ker v. California, 374 U.S. 23, 83 S. Ct. 1623, 10 L. Ed. 2d 726 (1963); State v. Roberts, 276 N.C. 98, 171 S.E.2d 440 (1970). A search incident to a lawful arrest is a traditional exception to the warrant requirement of the Fourth Amendment. United States v. Robinson, 414 U.S. 218, 94 S. Ct. 467, 38 L. Ed. 2d 427 (1973); State v. Harris, 279 N.C. 307, 182 S.E.2d 364 (1971). ""An arrest is constitutionally valid when the officers have probable cause to make it."" State v. Eubanks, 283 N.C. 556, 559, 196 S.E.2d 706, 708 (1973).
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