STATE v. HARVEY

No. 51.

187 S.E.2d 706 (1972)

281 N.C. 1

STATE of North Carolina v. Jesse HARVEY, Jr.

Supreme Court of North Carolina.

April 12, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Chief Deputy Atty. Gen. Harry W. McGalliard, Ann Reed, and Henry E. Poole, Associate Attys. Gen., for the State.

Paul & Keenan, by James E. Keenan, Durham, for defendant.


BRANCH, Justice.

Defendant contends that the trial judge erred in denying his motion to suppress the evidence seized from defendant's premises. Defendant first argues that there was no probable cause shown to the magistrate for issuance of the warrant.

The Fourth Amendment requirement that no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the persons or things to be seized, applies to arrest warrants...

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