Legal Opinion

State v. Hicks

Court of Appeals of North Carolina

Decided December 21, 1982No. 822SC562PublishedCited by 5 opinions

1Opinion of the Court

BRASWELL, Judge.

Defendants’ two questions presented on appeal raise the basic issue of whether a search warrant, allegedly invalid on its face for lack of facts to show probable cause, can be made valid by voir dire testimony and contemporary, unattached written memorandum, which, when taken all together, show legal probable cause to search for illicit controlled substances. We answer yes, and hold that the trial judge’s findings of facts were supported by the evidence.

The challenged portion of the affidavit for the search warrant reads:

There is probable cause to believe that certain…

2Cases cited12 opinions

  1. Carroll v. United StatesSupreme Court of the United States · 1925
  2. Aguilar v. TexasSupreme Court of the United States · 1964
  3. Brinegar v. United StatesSupreme Court of the United States · 1949
  4. Jones v. United StatesSupreme Court of the United States · 1960
  5. United States v. VentrescaSupreme Court of the United States · 1965

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

3Cited by5 opinions

  1. State v. TeasleyCourt of Appeals of North Carolina · 1986
  2. State v. BrownCourt of Appeals of North Carolina · 2016
  3. State v. WeakleyCourt of Appeals of North Carolina · 2006
  4. State v. StylesCourt of Appeals of North Carolina · 1994
  5. State v. StevensCourt of Appeals of North Carolina · 2025

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