Issue

Warrantless search—standing to challenge—reasonable expectation of privacy—material fact questions—findings required

Summary

In a prosecution for multiple drug offenses, where the trial court denied defendant's pretrial motion to suppress evidence that was found during a warrantless entry into defendant's uncle's house, but where the ruling was made orally and was never memorialized in a written order with findings of fact, the matter was remanded for the trial court to make the necessary findings of fact regarding the central question of whether defendant had standing to challenge the search of the home. There were material conflicts in the evidence requiring resolution by the trial court, although the record contained evidence that could support a determination that defendant had a reasonable expectation of privacy in the home, despite defendant's statements to law enforcement that he did not live in the home and had no possessions there. Depending on the facts found, the court could either deny the motion to suppress again or grant a new trial.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →