STATE v. MILLER

No. 44.

194 S.E.2d 353 (1973)

282 N.C. 633

STATE of North Carolina v. Howard Mack MILLER.

Supreme Court of North Carolina.

February 14, 1973.


Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., by Walter E. Ricks, III, Associate Atty. Gen., for the State of North Carolina, appellant.

James E. Walker and Arnold M. Stone, Charlotte, for defendant appellee.

John M. Rich, Raleigh, for North Carolina Ass'n of Law Enforcement Legal Advisors, amicus curiae.


HUSKINS, Justice:

Defendant contended in the trial court and in the Court of Appeals, and contends here, that the search warrant was invalid and the entry by the officers unlawful. The Court of Appeals so held and we concur.

The Fourth Amendment to the Federal Constitution prohibits the issuance of a search warrant except upon a finding of probable cause for the search. G.S. § 15-25(a) is to like effect. There is no variance between Fourth Amendment requirements...

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