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818 S.E.2d 100

State v. Smith

Supreme Court of North Carolina

Decided September 21, 2018

Supreme Court of North Carolina · decided 2018-09-21

Appeal from trial court's denial of defendant's motion to suppress evidence whether the warrantless search of the room in defendant's apartment in which contraband was found was constitutional whether seizure of the contraband was permissible under the 'plain view' doctrine.

Decided 2018-09-21

PER CURIAM.

¶1 For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals. With respect to the additional issues raised by the parties' petitions for discretionary review, we conclude that discretionary review was improvidently allowed. Therefore, the decision of the Court of Appeals as to these matters remains undisturbed.

¶2 REVERSED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

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