Legal Opinion

State v. Estep

Court of Appeals of North Carolina

Decided April 5, 1983No. 8222SC796PublishedCited by 1 opinion

1Opinion of the Court

EAGLES, Judge.

Defendant’s first assignment of error questions the sufficiency of the affidavit upon which probable cause to issue the warrant to search defendant’s home was based. We hold that the affidavit was sufficient.

An affidavit sufficient to form a basis for a finding of probable cause to search must contain facts indicating that there are reasonable grounds to believe that illegal activity is being carried on or that contraband is present in the place to be searched. State v. Hayes, 291 N.C. 293, 230 S.E. 2d 146 (1976); Aguilar v. Texas, 378 U.S. 108, 12 L.Ed. 2d 723, 84 S.Ct. 1509…

2Cases cited11 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. State v. SmallSupreme Court of North Carolina · 1977
  3. State v. HayesSupreme Court of North Carolina · 1976
  4. State v. ZimmermanCourt of Appeals of North Carolina · 1974
  5. State v. GibsonCourt of Appeals of North Carolina · 1977

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3Cited by1 opinion

  1. State v. RosarioCourt of Appeals of North Carolina · 1989

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