STATE v. SMITH

No. COA16-1229.

804 S.E.2d 235 (2017)

STATE of North Carolina v. Marcus Marcel SMITH, Defendant.

Court of Appeals of North Carolina.

Filed: August 15, 2017.


Attorney(s) appearing for the Case

Attorney General Joshua H. Stein , by Special Deputy Attorney General Adrian W. Dellinger , for the State.

Yoder Law PLLC, by Jason Christopher Yoder , for defendant-appellant.


Three police officers entered defendant's apartment to execute arrest warrants issued for misdemeanor offenses. While two officers made the in-home arrest, the other officer conducted a protective sweep of defendant's apartment, leading to the discovery and seizure of a stolen shotgun. Defendant moved to suppress the shotgun as evidence...

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