State v. Boone

ARNOLD, Judge.

Defendant argues that the court erred in denying his motion to suppress the evidence obtained during the warrantless search of his property. Relying on Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed. 2d 576 (1967), defendant contends that the search was unconstitutional and that the court applied the wrong rule of law in reaching its decision. He asserts that the rule which permitted police officers to search without a warrant any land which was not within the curtilage of the suspect’s dwelling can no longer be applied. See, e.g., State v. Harrison, 239 N.C. 659, 80…