Legal Opinion · Dissent

State v. Frederick

Court of Appeals of North Carolina

Decided April 17, 2018No. COA17-370Published

1DissentZachary, Judge

The Fourth Amendment functions at its core to prohibit the government from subjecting its citizens to unreasonable searches and seizures. The existence of a warrant supported by probable cause *173protects this right, but only if it is inherently dependable. E.g., Brinegar v. United States , 338 U.S. 160, 175, 69 S.Ct. 1302, 1310-11, 93 L.Ed. 1879, 1890 (1949). Because of the lack of information concerning the reliability of the unknown middleman, the lack of detail regarding the controlled purchases, and the lack of independently corroborated facts contained in the *861affidavit, probable cause to…

2Cases cited11 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Carroll v. United StatesSupreme Court of the United States · 1925
  3. Brinegar v. United StatesSupreme Court of the United States · 1949
  4. Jones v. United StatesSupreme Court of the United States · 1960
  5. Alabama v. WhiteSupreme Court of the United States · 1990

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