Legal Opinion

State v. Broussard

Court of Appeals of North Carolina

Decided March 16, 2010No. COA09-1197Published

1Opinion of the Court

STATE OF NORTH CAROLINA,

v.

IRVIN LEE BROUSSARD.

No. COA09-1197.

Court of Appeals of North Carolina.

Filed March 16, 2010.

This case not for publication

Attorney General Roy Cooper, by Special Deputy Attorney General Grady L. Balentine, Jr., for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defender Constance E. Widenhouse, for defendant.

WYNN, Judge.

"[A] warrantless search of a shared dwelling for evidence over the express refusal of consent by a physically present resident cannot be justified as reasonable as to him on the basis of consent given to the police by another…

2Cases cited20 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. Illinois v. RodriguezSupreme Court of the United States · 1990
  4. Harris v. United StatesSupreme Court of the United States · 1968
  5. United States v. United States District Court for the Eastern District of MichiganSupreme Court of the United States · 1972

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