STATE v. SMITH

No. 309PA96.

488 S.E.2d 210 (1997)

STATE of North Carolina, v. Kenneth E. SMITH.

Supreme Court of North Carolina.

July 24, 1997.


Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by Jane R. Garvey, Assistant Attorney General, for State-appellant.

Daniel S. Johnson, Winston Salem, for defendant-appellee.

Winston-Salem Police Department by Mary Claire McNaught, on behalf of North Carolina Association of Police Attorneys, North Carolina Association of Chiefs of Police, and North Carolina Police Executives Association, amici curiae.


PARKER, Justice.

On 24 April 1995 defendant was indicted for possession of marijuana with intent to sell and deliver. Defendant filed a motion to suppress evidence seized during a warrantless search of defendant's residence on 20 January 1995. At the hearing on defendant's motion, the trial court concluded that defendant's constitutional rights were violated by the warrantless search and granted defendant's motion to suppress.

The order allowing defendant...

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