A man who was convicted in Alamance County of possessing and trafficking heroin appealed his 2019 conviction, saying he thought a warrantless search of his vehicle was illegal. In a decision earlier this week, the North Carolina Court of Appeals agreed with the decision of the lower court that the warrantless search was legal, thereby upholding the defendant's conviction.
In August 2016, Rodney King, who at that time was a detective with the Graham Police Department, was investigating drug crimes in Alamance County. He spoke with a man who said he bought heroin from Yaw Harrison, 39, of Durham.
On Sept. 2, 2016, the informant told King that Harrison was scheduled to deliver him heroin later that day, according to court records. King, along with about eight other officers, conducted surveillance and followed the vehicle from Harrison's Durham residence to the Mebane home. Officers didn't observe any traffic violations, so King told two of the other officers to stop the vehicle, court records show.
Two officers approached the vehicle. One said he saw Harrison opening a bag that appeared to contain narcotics, and the other gave Harrison a command to exit the vehicle. When Harrison didn't obey the command, an officer tried to break the window with a pair of handcuffs. Afterward, Harrison unlocked the door and was arrested.
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Harrison filed a motion before his trial to suppress evidence taken from the car during his arrest. That motion was denied and Harrison was found guilty of trafficking and possession of heroin in November 2019. Harrison was found not guilty of possession with the intent to sell and resisting, delaying, and obstructing a public officer.
Harrison appealed the verdict on the basis that he thought the search of his vehicle was illegal. The Court of Appeals disagreed.
"Officers without a warrant can search a vehicle incident to arrest when they have reason to believe the search will yield evidence of the crime for which the defendant is being arrested," according to the court's decision, written by Judge April Wood.
Searches are only valid in connection to an arrest with probable cause. Since an informant told police that Harrison was selling heroin, the court ruled that officers had probable cause to arrest him, thereby making the search legal as well.
Harrison is being held at the Pender Correctional Institution in Burgaw, North Carolina. He is scheduled to be released in August 2025.
Breaking news reporter Rachel Berry can be reached at rberry@gannett.com. Follow her on Twitter @racheldberry.
