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STATE v. ROARK

No. 8625SC584.

350 S.E.2d 153 (1986)

83 N.C. App. 425

STATE of North Carolina v. Mark Timothy ROARK.

Court of Appeals of North Carolina.

November 25, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Mabel Y. Bullock, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Leland Q. Towns, Raleigh, for defendant-appellant.

WEBB, Judge.

The defendant assigns error to the admission of the evidence seized as a result of the searches pursuant to the two warrants. We believe this assignment of error has merit.

Prior to Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527, reh'g denied, 463 U.S. 1237, 104 S.Ct. 33, 77 L.Ed.2d 1453 (1983) the evidence would clearly have to be excluded. The affidavits in support of the search...

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