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N.C.App.1 FALL SESSION 1973 723
State v. McMillan
at 5 o'clock p.m. on the 10th of December, 1972, Officer
Frank Hoggard was at his home. That he was not dressed
for duty at that time. That shortly after five p.m. he
received a telephone call from an informant who had on at
least twenty-five prior occasions furnished him with ac-curate
information. That on no prior occasion had this
informant furnished him with inaccurate information. That
the informant advised him that the defendant in this case
Charles G. McMillan was located at a car wash selling nar-cotic
drugs and was a colored male, driving a Ford Falcon
automobile. Officer Hoggard called another officer at the
police department, dressed and proceeded at once to the
police department where he picked up his Senior Officer
and proceeded to the site of the car wash. That upon ap-proaching
the car wash he observed a colored male walking
toward a Ford Falcon automobile. That as he came into the
car wash driveway, the defendant McMillan, driving a Ford
Falcon, departed from the other driveway.
That Officer Hoggard, together with Officer Garner pur-sued
the defendant in the Falcon automobile and stopped
him and placed the defendant under arrest for the posses-sion
of narcotic drugs.
That he conducted a search of the person of the defendant
and found in his shirt pocket wrapped in foil, enclosed
in an envelope one bindle (standard dose) of heroin, and in
the rear of the car on the right floorboard a bag of green
vegetable substance, later determined to be marijuana.
The Court further finds, orders, adjudges, and decrees that
the arrest of the defendant McMillan was a justifiable ar-rest
by an officer having reasonable grounds to bdieve
that a felony had been committed and that the arrested
person had committed the same. That the opportunity for
pursuing a search warrant did not exist because of the
time factors involved, the officer having been informed that
the defendant was fixing to leave the scene in his original
information. Further, that the defendant was in a moving
automobile which is by its nature a highly mobile situation.
The evidence procured on the search will be admitted into
evidence."
Officer Hoggard further testified that he warned McMillan
of his constitutional rights, and McMillan confessed that he
Object Description
| Title | North Carolina Court of Appeals Reports [v.019, Spring Session 1973 - Fall Session Session 1973] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 19, Spring Session 1973 - Fall Session Session 1973. Cited as 19 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 37.5 MB; 848 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_019.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 747 |
| Full Text | N.C.App.1 FALL SESSION 1973 723 State v. McMillan at 5 o'clock p.m. on the 10th of December, 1972, Officer Frank Hoggard was at his home. That he was not dressed for duty at that time. That shortly after five p.m. he received a telephone call from an informant who had on at least twenty-five prior occasions furnished him with ac-curate information. That on no prior occasion had this informant furnished him with inaccurate information. That the informant advised him that the defendant in this case Charles G. McMillan was located at a car wash selling nar-cotic drugs and was a colored male, driving a Ford Falcon automobile. Officer Hoggard called another officer at the police department, dressed and proceeded at once to the police department where he picked up his Senior Officer and proceeded to the site of the car wash. That upon ap-proaching the car wash he observed a colored male walking toward a Ford Falcon automobile. That as he came into the car wash driveway, the defendant McMillan, driving a Ford Falcon, departed from the other driveway. That Officer Hoggard, together with Officer Garner pur-sued the defendant in the Falcon automobile and stopped him and placed the defendant under arrest for the posses-sion of narcotic drugs. That he conducted a search of the person of the defendant and found in his shirt pocket wrapped in foil, enclosed in an envelope one bindle (standard dose) of heroin, and in the rear of the car on the right floorboard a bag of green vegetable substance, later determined to be marijuana. The Court further finds, orders, adjudges, and decrees that the arrest of the defendant McMillan was a justifiable ar-rest by an officer having reasonable grounds to bdieve that a felony had been committed and that the arrested person had committed the same. That the opportunity for pursuing a search warrant did not exist because of the time factors involved, the officer having been informed that the defendant was fixing to leave the scene in his original information. Further, that the defendant was in a moving automobile which is by its nature a highly mobile situation. The evidence procured on the search will be admitted into evidence." Officer Hoggard further testified that he warned McMillan of his constitutional rights, and McMillan confessed that he |
