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Tag Archives: warrant

A tale of two arrests (access required)

District attorneys and solicitors frequently ask for the arresting officer’s advice when making a plea offer to a defendant. In Sidebar’s experience, officers tend to feel more charitable toward certain defendants than others. We’ll leave it to you to determine ...

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Criminal Practice – Search & Seizure – Search Warrant – Defendant’s House – Stepson – Anonymous Tips — Corroboration (access required)

State v. Oates Even though the application for a warrant to search defendant’s house was based in part on anonymous tips, SBI Agent Eason independently confirmed the tipster’s statements that defendant’s stepson was known as “Poppy” and resided in New York, the stepson was on federal probation in New York as a result of drug charges, the stepson had prior drug charges in North Carolina, the stepson was present at defendant’s home at 451 McKoy Street in Clinton, and defendant “had killed someone.

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Criminal Practice – Cocaine Trafficking Indictment – Possession With Intent to Manufacture – Not Lesser Included Offense – Search & Seizure – Warrant (access required)

State v. McCain Defendant was indicted for trafficking by possession of cocaine, but he was convicted of possession with intent to manufacture cocaine. Since possession with intent to manufacture cocaine includes an element - intent to manufacture - that is not an element of trafficking by possession of cocaine, this was error. However, the jury's determination is sufficient to support a conviction of possession of cocaine, which is a lesser included offense of trafficking by possession of cocaine.

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