State v. Willis

Judge BECTON

dissenting.

The majority correctly concludes that “the officers violated the statutory requirements for execution of the search warrant,” *624ante, p. 7, but then holds that “the violation of G.S. 15A-249 and G.S. 15A-251 was not substantial,” ante, p. 9. From that holding, I dissent.

The police clearly failed to give appropriate notice of their identity and purpose before entering the premises in question. And, as stated by the majority, “the officer had no probable cause to believe the giving of notice would endanger the life or safety of any person.” Ante, p. 7. The officers’ fear…