Legal Opinion

State v. Cherry

Supreme Court of North Carolina

Decided September 4, 1979No. 47PublishedCited by 228 opinions

1Opinion of the Court

BRANCH, Justice.

Did the trial judge err by admitting into evidence a pistol seized without a search warrant from a motel room occupied by defendant at the time of his arrest?

*92Unreasonable searches and seizures are prohibited by the fourth amendment to the United States Constitution, and all evidence seized in violation of the Constitution is inadmissible in a State court as a matter of constitutional law. State v. Colson, 274 N.C. 295, 163 S.E. 2d 376 (1968), cert. denied, 393 U.S. 1087. However, it must be borne in mind that only unreasonable searches and seizures are prohibited by the…

2Cases cited62 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Gregg v. GeorgiaSupreme Court of the United States · 1976
  5. Carroll v. United StatesSupreme Court of the United States · 1925

57 more not listed; retrieve them via the Exa API.

3Cited by228 opinions

  1. State v. BigbeeTennessee Supreme Court · 1994
  2. Ballenger v. StateMississippi Supreme Court · 1995
  3. State v. MiddlebrooksTennessee Supreme Court · 1992
  4. State v. CookeSupreme Court of North Carolina · 1982
  5. State v. JacksonSupreme Court of North Carolina · 1983

223 more not listed; retrieve them via the Exa API.

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