(DOWNLOAD) "North Carolina v. Bell" by Court of Appeals of North Carolina # eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Bell
- Author : Court of Appeals of North Carolina
- Release Date : January 06, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The standard for a court reviewing the issuance of a search warrant is "whether there is substantial evidence in the record supporting the magistrates decision to issue the warrant." Massachusetts v. Upton, 466 U.S. 727, 728, 80 L. Ed. 2d. 721, 724 (1984); see Illinois v. Gates, 462 U.S. 213, 76 L. Ed. 2d. 527 (1983). North Carolina adopted the "totality of the circumstances" approach for determining the existence of probable cause in State v. Arrington, 311 N.C. 633, 643, 319 S.E.2d 254, 261 (1984). Thus, the task of the issuing judicial officer is to make a common-sense decision based on all the circumstances that "there is a fair probability that contraband or evidence of a crime will be found in a particular place." Gates, at 238, 76 L. Ed. 2d. at 548. The State contends that the trial judge applied a standard more stringent than "fair probability" in reviewing the application and erred by suppressing the evidence for lack of probable cause to search.
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