Supreme Court of North Carolina

State of North Carolina v. Benzion Biber

June 16, 2011365 N.C. 162

Summary

The court reversed the Court of Appeals and upheld the denial of defendant’s motion to suppress. It held that the unchallenged facts established probable cause to arrest defendant for drug possession, even though they might not have been sufficient to prove constructive possession beyond a reasonable doubt. The Court of Appeals had improperly analyzed the suppression issue under the evidentiary standard governing a conviction.