Legal Opinion

State v. Prevette

Court of Appeals of North Carolina

Decided November 6, 1979No. 788SC753PublishedCited by 32 opinions

1Opinion of the Court

MARTIN (Harry C.), Judge.

In State v. Prevette, 39 N.C. App. 470, 250 S.E. 2d 682, disc. rev. denied, 297 N.C. 179, 254 S.E. 2d 38 (1979), this Court held the stipulation by the state and defendants that all defendants had standing to challenge the validity of the- searches and seizures was invalid and not binding upon it. We remanded to superior court for a factual determination of whether defendants or any of them had a protectible interest in the searched premises under the Fourth Amendment of the United States Constitution. A hearing was held 4 September 1979. That court found facts and…

2Cases cited18 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Coolidge v. New HampshireSupreme Court of the United States · 1971
  3. Hester v. United StatesSupreme Court of the United States · 1924
  4. United States v. Paul Gary Rubin United States of America v. Louis Martin Agnes A/K/A Louis MartinCourt of Appeals for the Third Circuit · 1973
  5. Ellison v. United StatesCourt of Appeals for the D.C. Circuit · 1953

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3Cited by32 opinions

  1. Bower v. StateCourt of Criminal Appeals of Texas · 1989
  2. Atkins v. WalkerSupreme Court of North Carolina · 1973
  3. State v. TillettCourt of Appeals of North Carolina · 1981
  4. State v. HarrisCourt of Appeals of North Carolina · 2001
  5. State v. LupekCourt of Appeals of North Carolina · 2011

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