Legal Question in Criminal Law in North Carolina

Based on your description, most likely the search was legal. As to the charge, the search doesn't have much to do with that, most anyone can be charged with most anything at most anytime. If the search turns out to have been done improperly, any evidence gathered from that search may be inadmissible but the charge may still stand if their is evidence independent of the search. Typically in a case like this, the most likely independent evidence would be other students squealing on him because they don't know to keep their mouths shut. Your best bet is to hire a local criminal defense attorney. Best of luck.