State v. Elder

NEWBY, Justice.

In this case we must determine whether N.C.G.S. § 50B-3 authorized the district court to order a search of defendant’s person, vehicle, and residence pursuant to an ex parte civil Domestic Violence Order of Protection (“DVPO”) and whether the ensuing search violated defendant’s constitutional rights. Because the district court exceeded its statutory authority by ordering the search, and because the warrantless search lacked a basis in probable cause and no exigent circumstances were present, we modify and affirm the decision of the Court of Appeals.

On 23 September 2010, at the…