State v. Miller

HUSKINS, Justice.

Defendant contended in the trial court and in the Court of Appeals, and contends here, that the search warrant was invalid and the entry by the officers unlawful. The Court of Appeals so held and we concur.

The Fourth Amendment to the Federal Constitution prohibits the issuance of a search warrant except upon a finding of probable cause for the search. G.S. 15-25 (a) is to like effect. There is no variance between Fourth Amendment requirements and the law of this State in regard to search warrants. State v. Vestal, 278 N.C. 561, 180 S.E. 2d 755 (1971).

G.S. 15-26 requires a…