Legal Opinion

State v. Brown

Court of Appeals of North Carolina

Decided June 21, 2016No. 15-1347PublishedCited by 7 opinions

1Opinion of the Court

STEPHENS, Judge.

*72 In this case, a search warrant was issued based on an affidavit that failed to specify when an informant witnessed Defendant's allegedly criminal activities. Such an affidavit contains insufficient information to establish probable cause and thus cannot support the issuance of a search warrant. Accordingly, we reverse the trial court's order denying Defendant's motion to suppress evidence discovered as a result of the execution of that search warrant and vacate the judgment entered upon Defendant's subsequent guilty pleas.

Factual and Procedural Background

This case arises from…

2Cases cited11 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. State v. HughesSupreme Court of North Carolina · 2000
  3. State v. CampbellSupreme Court of North Carolina · 1972
  4. State v. BentersSupreme Court of North Carolina · 2014
  5. State v. JohnstonCourt of Appeals of North Carolina · 1994

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

3Cited by7 opinions

  1. State v. McPhaulCourt of Appeals of North Carolina · 2017
  2. State v. CabbagestalkCourt of Appeals of North Carolina · 2019
  3. State v. DayeCourt of Appeals of North Carolina · 2017
  4. State v. LoganCourt of Appeals of North Carolina · 2021
  5. State v. LoganCourt of Appeals of North Carolina · 2021

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

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