State v. Creason
Court of Appeals of North Carolina
1Opinion of the Court
PHILLIPS, Judge.
Defendant’s main contention is that the trial judge erred in denying his motion to require the State to disclose the name of the confidential informant. The contention is not grounded upon the claim that the informant was a transactional witness whose identity was discoverable under Roviaro v. United States, 353 U.S. 53, 1 L.Ed. 2d 639, 77 S.Ct. 623 (1957), but upon the claim that without the information he cannot show that the search war rant was without proper support and therefore void. Although an affidavit made to obtain a search warrant carries a presumption of validity,…
2Cases cited9 opinions
- Franks v. DelawareSupreme Court of the United States · 1978
- Roviaro v. United StatesSupreme Court of the United States · 1957
- McCray v. IllinoisSupreme Court of the United States · 1967
- United States v. Franklin Delano GipsonCourt of Appeals for the Fifth Circuit · 1977
- State v. CollinsSupreme Court of North Carolina · 1980
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3Cited by5 opinions
- State v. BeasleyCourt of Criminal Appeals of Tennessee · 1985
- State v. ClarkCourt of Appeals of North Carolina · 1984
- State v. McLambCourt of Appeals of North Carolina · 1984
- State v. LocklearCourt of Appeals of North Carolina · 1987
- State v. HudsonCourt of Appeals of North Carolina · 1984