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Criminal Practice – Search & Seizure – Plain View Doctrine – No Apparent Crime – Probationer’s Gun

We reverse the decision of the Court of Appeals for the reasons stated in Judge Arrowood’s dissent (Under the regular terms and conditions of probation, the shotgun was contraband. Given that the officers were serving a warrant for a probation violation, it was immediately apparent that the shotgun was contraband. Therefore, I would uphold the warrantless seizure of the shotgun under the plain view doctrine and affirm the trial court’s order.)

As to other issues, discretionary review was improvidently allowed.

State v. Smith (Lawyers Weekly No. 010-076-18, 2 pp.) (Per Curiam) Appealed from Forsyth County Superior Court (John Craig III, J.) On appeal from the Court of Appeals. Teresa Postell for the state; Jason Christopher Yoder for defendant. N.C. S. Ct.

 


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