Legal Opinion

State v. Miller

Supreme Court of North Carolina

Decided December 19, 2014No. 368PA13PublishedCited by 16 opinions

1Opinion of the Court

HUNTER, Justice.

A police dog’s instinctive action, unguided and undirected by the police, that brings evidence not otherwise in plain view into plain view is not a search within the meaning of the Fourth Amendment to the United States Constitution or Article I, Section 20 of the North Carolina Constitution.

I

In May 2009, the Spencer Police Department received a burglar alarm report indicating a possible break in at defendant Michael Paul Miller’s residence. Officer Brian Hill was the first officer to arrive at the scene. Officer Hill surveyed the exterior of the home and noticed a broken…

2Cases cited20 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Coolidge v. New HampshireSupreme Court of the United States · 1971
  3. United States v. PlaceSupreme Court of the United States · 1983
  4. Horton v. CaliforniaSupreme Court of the United States · 1990
  5. Illinois v. CaballesSupreme Court of the United States · 2005

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

3Cited by16 opinions

  1. State v. AllmanSupreme Court of North Carolina · 2016
  2. State v. RandallIdaho Supreme Court · 2021
  3. State v. JordanCourt of Appeals of North Carolina · 2015
  4. Pier v. StateWyoming Supreme Court · 2018
  5. United States v. IversonDistrict Court, W.D. New York · 2016

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

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