STATE v. BENTERS

No. 5A14.

766 S.E.2d 593 (2014)

STATE of North Carolina v. Glenn Edward BENTERS.

Supreme Court of North Carolina.

December 19, 2014.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Derrick C. Mertz , Assistant Attorney General, for the State-appellant.

Brock & Meece, P.A., Wilmington, by C. Scott Holmes , for defendant-appellee.


In this appeal we consider the sufficiency of an affidavit in support of an application for a search warrant. We hold that under the totality of the circumstances, the affidavit failed to provide a substantial basis for the magistrate to conclude that probable cause existed. The information available to law enforcement officers...

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