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Home / Opinion Digests / Criminal Practice / Criminal Practice – Appeals – Probation Revocation – Search & Seizure – Exclusionary Rule

Criminal Practice – Appeals – Probation Revocation – Search & Seizure – Exclusionary Rule

Even though the trial court rendered its decision at defendant’s probation revocation hearing on 30 April 2021, the order was not entered until it was filed with the clerk of court on 24 May 2021. Therefore, defendant’s written notice of appeal – filed on 25 May 2021 – was timely.

However, even if, as defendant argues, (1) the search of his truck was not supported by reasonable suspicion, (2) the search was not authorized by G.S. § 15A-1343(b)(14) and (3) defendant did not consent to the search, since the exclusionary rule does not apply in probation revocation hearings, the trial court did not err by admitting the fruits of the search at defendant’s probation revocation hearing.

We find no error in the revocation of defendant’s probation.

State v. Boyette (Lawyers Weekly No. 011-243-22, 10 pp.) (Hunter Murphy, J.) (Darren Jackson, J., concurring in part & concurring in result only in part without separate opinion) Appealed from Caldwell County Superior Court (Daniel Kuehnert, J.) Kayla Britt for the state; Jillian Katz for defendant. 2022-NCCOA-904


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