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Supreme Court of North Carolina· 12/21/2018

State v. Wilson

Citations

  • 821 S.E.2d 811
  • 371 N.C. 920

Syllabus

Whether the trial court erred in denying defendant's motion to suppress evidence of a handgun seized from him at the scene of an ongoing police search for narcotics whether the trial court's findings of fact were sufficient to support its conclusion of law that a Terry frisk of defendant was justified under the circumstances.

How courts have described this case

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

  • noting the “defendant was well within the lawful limits of the property containing the house being searched” and “could easily have accessed the house” had he not been stopped
  • defining “occupant” in the context of Fourth Amendment Rights, and whether a defendant poses “a real threat to the safe and efficient execution of [a] search warrant” (citation and internal quotation marks omitted)
  • “It is also evident that defendant was seized within the immediate vicinity of the premises being searched.”
  • “[A] person is an occupant for the purposes of the Summers rule if he poses a real threat to the safe and efficient execution of [the] search warrant.” (emphasis added) (quotation marks omitted)
  • “The reasoning in Bailey comports with the justification in Summers because someone who is sufficiently close to the premises being searched could pose just as real a threat to officer safety and to the efficacy of the search as someone who is within the premises.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin

Read full opinion on CourtListener

Cited by

8 cases in this archive cite this case.

Cites

12 cases in this archive are cited by this case.

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