Legal Opinion

State v. Little

Court of Appeals of North Carolina

Decided September 17, 1975No. 7526SC379PublishedCited by 2 opinions

1Opinion of the Court

BRITT, Judge.

Defendant assigns as error the trial court’s failure to suppress evidence derived from a search prior to arrest. We find no merit in this assignment.

The search of the Lowry house was lawful and evidence derived therefrom was properly admitted into evidence. The validity of evidence against a criminal defendant obtained from a search consented to by a third person owner or occupant has been approved by the United States Supreme Court. Frazier v. Cupp, 394 U.S. 731, 22 L.Ed. 2d 684, 89 S.Ct. 1420 (1969). This rule was reaffirmed in Schneckloth v. Bustamonte, 412 U.S. 218, 36 L.Ed.…

2Cases cited15 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Beck v. OhioSupreme Court of the United States · 1964
  3. United States v. MatlockSupreme Court of the United States · 1974
  4. Frazier v. CuppSupreme Court of the United States · 1969
  5. State v. MobleySupreme Court of North Carolina · 1954

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3Cited by2 opinions

  1. State v. MelvinCourt of Appeals of North Carolina · 1977
  2. State v. WilliamsCourt of Appeals of North Carolina · 1980

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