Legal Opinion

State v. Benters

Supreme Court of North Carolina

Decided December 19, 2014No. 5A14PublishedCited by 31 opinions

1Opinion of the Court

BEASLEY, Justice.

In this appeal we consider the sufficiency of an affidavit in support of an application for a search warrant. We hold that under the *661totality of the circumstances, the affidavit failed to provide a substantial basis for the magistrate to conclude that probable cause existed. The information available to law enforcement officers from an anonymous tip and from the officers’ corroborative investigation was qualitatively and quantitatively deficient, and the affidavit’s material allegations were uniformly conclusory. Accordingly, we affirm the Court of Appeals.

The affidavit at…

2Cases cited22 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Ornelas v. United StatesSupreme Court of the United States · 1996
  4. Alabama v. WhiteSupreme Court of the United States · 1990
  5. State v. VestalSupreme Court of North Carolina · 1971

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

3Cited by31 opinions

  1. State v. McKinneySupreme Court of North Carolina · 2015
  2. State v. McPhaulCourt of Appeals of North Carolina · 2017
  3. State v. ParsonCourt of Appeals of North Carolina · 2016
  4. State v. WorleyCourt of Appeals of North Carolina · 2017
  5. State v. BrownCourt of Appeals of North Carolina · 2016

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

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