Legal Opinion

State v. Mbacke

Court of Appeals of North Carolina

Decided January 4, 2011No. COA09-1395PublishedCited by 2 opinions

1Opinion of the Court

McGEE, Judge.

Omar Sidy Mbacke (Defendant) appeals from the trial court’s order denying his motion for appropriate relief. For the following reasons, we reverse.

I. Factual Background and Procedural History

Defendant was indicted on 12 May 2008 for trafficking in cocaine, possession with intent to sell and deliver cocaine, trafficking cocaine by transportation, and carrying a concealed weapon. A superseding indictment was issued on 23 June 2008, charging Defendant with carrying a concealed weapon and trafficking in cocaine by transportation. On 17 April 2009, Defendant moved to suppress “any and…

2Cases cited12 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. United States v. RossSupreme Court of the United States · 1982
  4. New York v. BeltonSupreme Court of the United States · 1981
  5. Arizona v. GantSupreme Court of the United States · 2009

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3Cited by2 opinions

  1. State v. MbackeSupreme Court of North Carolina · 2012
  2. State v. MbackeCourt of Appeals of North Carolina · 2011

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