Legal Opinion

State v. McBride

Court of Appeals of North Carolina

Decided November 7, 1995No. COA94-1330PublishedCited by 34 opinions

1Opinion of the Court

SMITH, Judge.

The appeal before this Court concerns the constitutional propriety of a search without a warrant by the Wilmington Police Department. Defendant Fred Douglas McBride alleges insufficient exigent circumstances were present to justify application of a war-rantless search exception in this case. However, we do not reach the merits, because defendant failed to comply with established case law mandating that notice of intent to appeal be given the trial court and prosecution, prior to entry of a plea of guilty following denial of a motion to suppress. We reaffirm our precedent on this…

2Cases cited9 opinions

  1. Abney v. United StatesSupreme Court of the United States · 1977
  2. Lefkowitz v. NewsomeSupreme Court of the United States · 1975
  3. State v. CollinsSupreme Court of North Carolina · 1993
  4. Estrada v. JaquesCourt of Appeals of North Carolina · 1984
  5. State v. ReynoldsSupreme Court of North Carolina · 1979

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

3Cited by34 opinions

  1. State v. PimentalCourt of Appeals of North Carolina · 2002
  2. State v. MillerCourt of Appeals of North Carolina · 2010
  3. State v. ParkerCourt of Appeals of North Carolina · 2007
  4. State v. CottrellCourt of Appeals of North Carolina · 2014
  5. State v. BrownCourt of Appeals of North Carolina · 2001

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

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