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STATE v. HAUSER

No. 350PA94.

464 S.E.2d 443 (1995)

342 N.C. 382

STATE of North Carolina v. Allen Wylin HAUSER.

Supreme Court of North Carolina.

December 8, 1995.

Attorney(s) appearing for the Case

Michael F. Easley, Attorney General, by Daniel C. Oakley, Senior Deputy Attorney General, for the State.

Wright, Parrish, Newton & Rabil, by Carl F. Parrish and Nils E. Gerber, Winston-Salem, for defendant-appellant.

North Carolina Association of Police Attorneys, Ronald Hall, President, by Mary Claire McNaught, Public Safety Attorney, amicus curiae.

Deborah K. Ross on behalf of American Civil Liberties Union of North Carolina Legal Foundation; and Patterson, Harkavy & Lawrence, by Burton Craige, on behalf of the North Carolina Academy of Trial Lawyers, amici curiae.

LAKE, Justice.

On 13 July 1992, Detective T.L. Phelps of the Winston-Salem Police Department submitted an application for a warrant to search a single-family dwelling located at 5350 Sunrise Terrace in Winston-Salem, North Carolina. The application noted that the defendant, Allen Wylin Hauser, occupied the residence, and that Detective Phelps had probable cause to believe that illegal drugs and drug paraphernalia would be found in the residence. In support of the...

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