Legal Opinion

State v. Miller

Supreme Court of North Carolina

Decided June 8, 2018No. 2PA17PublishedCited by 14 opinions

1Opinion of the Court

MARTIN, Chief Justice.

*82 **267 During a traffic stop, Officer H.B. Harris of the Greensboro Police Department found cocaine in defendant's coat pocket. Defendant did not move to suppress evidence of the cocaine before or at trial, but instead argued for the first time on appeal that the seizure of the cocaine resulted from various Fourth Amendment violations. We hold that defendant's Fourth Amendment claims are not reviewable on direct appeal, even for plain error, because he completely waived them by not moving to suppress evidence of the cocaine before or at trial. We therefore reverse the…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. Rodriguez v. United StatesSupreme Court of the United States · 2015
  4. State v. OdomSupreme Court of North Carolina · 1983
  5. State v. LawrenceSupreme Court of North Carolina · 2012

12 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. LoftisCourt of Appeals of North Carolina · 2019
  2. Cardman v. PeopleSupreme Court of Colorado · 2019
  3. Cardman v. PeopleSupreme Court of Colorado · 2019
  4. State v. BallCourt of Appeals of North Carolina · 2024
  5. State v. CorrothersCourt of Appeals of North Carolina · 2024

9 more not listed; retrieve them via the Exa API.

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