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Supreme Court of North Carolina· 6/8/2018

State v. Miller

Citations

  • 814 S.E.2d 81
  • 371 N.C. 266

Syllabus

Appeal from defendant's conviction for felony possession of cocaine whether the Court of Appeals erred by applying plain error review to defendant's Fourth Amendment claims whether the arresting officer unnecessarily extended the initial stop in violation of the Supreme Court of the United States' decision in Rodriguez v. United States and whether defendant's consent to the search of his person was invalid.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that plain error review was improper when the defendant failed to timely file a motion to suppress as required by statute, and, thus, the defendant \completely waived appellate review\ of his Fourth Amendment claims
  • holding that plain error review was improper when the defendant failed to timely file a motion to suppress as required by statute, and, thus, the defendant “completely waived appellate review” of his Fourth Amendment claims
  • holding that defendant waived appellate review of admissibility of evidence of cocaine where he failed to file motion to suppress evidence before or during trial
  • allowing plain error review for challenges to jury instructions and evidentiary issues
  • “By doing so, [the defendant] completely waived appellate review of his Fourth Amendment claims.”
  • “By doing so, [the defendant] completely waived appellate review of his Fourth Amendment claims.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin

Read full opinion on CourtListener

Cited by

13 cases in this archive cite this case.

Cites

10 cases in this archive are cited by this case.

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