Legal Question in Traffic Law in North Carolina

Search Incident To Arrest

In a search(incident to arrest) of a motor vehicle a law enforcement officer finds ''fruits of a crime'' does this allow the officer to search the locked compartments or trunk?

Examples of fruits of a crime...open alcoholic containers, illegal drugs, drug paraphernalia...ect.


Asked on 9/23/03, 7:27 am

1 Answer from Attorneys

Jim Griffin The Law Office of James L. Griffin

Re: Search Incident To Arrest

Unfortunately, yes. Once the cops have pc to believe a crime has been committed, the search can be quite extensive. How did the cops first find the "fruits?" Were they in plain view? Were the alcohol containers in use or were they merely old and had been thrown on the floor as trash? What were the charges? Chapel Hill police or state or county? Why did they stop you in the first place?

If you would like to speak further and clarify some issues I could probably provide a more specific answer. You can contact me at: [email protected]

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Answered on 9/23/03, 12:40 pm


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