State v. Miller
Supreme Court of North Carolina
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
- Katz v. United StatesSupreme Court of the United States · 1967
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- United States v. PlaceSupreme Court of the United States · 1983
- Horton v. CaliforniaSupreme Court of the United States · 1990
- Illinois v. CaballesSupreme Court of the United States · 2005
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