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Tag Archives: Search Warrant

Officer’s confusion about law voided search, court rules (access required)

police car sign

Six months after the North Carolina Supreme Court overruled the state Court of Appeals and held that a police officer’s mistaken beliefs about the law could be a reasonable basis for a stop, the appeals court pushed back. In a recent ruling on a Wake County DWI case, the appeals court found that another arresting officer’s misunderstanding of the law was not reasonable.

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Criminal Practice – Search & Seizure – Search Warrant – Weapons Pat-Down – Bags of Marijuana (access required)

State v. Richmond Officers executing a search warrant found defendant in the residence and drugs in plain view. Given a narcotics officer’s experience that “Where there’s drugs, there’s guns,” the officer was entitled to perform a weapons pat-down of defendant. We affirm the denial of defendant’s motion to suppress.

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