STATE v. CARTER

No. 40A87.

370 S.E.2d 553 (1988)

322 N.C. 709

STATE of North Carolina v. Robert Lee CARTER.

Supreme Court of North Carolina.

July 28, 1988.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Daniel C. Oakley, Sp. Deputy Atty. Gen. and John H. Watters, Asst. Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Louis D. Bilionis, Asst. Appellate Defender, Raleigh, for defendant.


MARTIN, Justice.

This case presents us with the question of whether there is a good faith exception under article I, section 20 of the North Carolina Constitution to the exclusion of evidence obtained by unreasonable search and seizure. We hold that there is no good faith exception to the requirements of article I, section 20 as applied to the facts of this case and, accordingly, we grant defendant a new trial because evidence that should have been excluded under...

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