Opinion

State v. Welch

  • 316 N.C. 578
  • 342 S.E.2d 789
  • 1986 N.C. LEXIS 2163
Court
Supreme Court of North Carolina
Filed
May 6, 1986
Status
Published
Author
Exum
On the bench
Billings, Exum
Cited by
49 cases

holding that “[s]ince the withdrawal of a blood sample is subject to fourth amendment requirements, a search warrant must be procured before a suspect may be required to submit to such a procedure unless probable cause and exigent circumstances exist that would justify a warrantless search”

How later courts described this case

  • holding that “[s]ince the withdrawal of a blood sample is subject to fourth amendment requirements, a search warrant must be procured before a suspect may be required to submit to such a procedure unless probable cause and exigent circumstances exist that would justify a warrantless search”
  • concluding that the good faith exception was applicable and therefore “decline[d] to apply the exclusionary rule to [a] good-faith violation of the [F]ourth [A]mendment”
  • holding that there was sufficient evidence of premeditation and deliberation when the defendant previously planned to commit the robbery, armed himself with a shotgun, and shot the victim during the robbery
  • holding that the search-incident-to-arrest exception cannot justify a warrantless blood draw

Written by the judges who cited it.

The opinion

Justice Exum

concurring.

I agree that under the decisions of the United States Supreme Court relied on by the majority this Court must apply the “good faith” exception to the exclusionary rule in determining admissibility of evidence unconstitutionally seized under the Fourth and Fourteenth Amendments to the United States Constitution. I concur with the majority’s application of these cases to the facts before us.

The parties have not argued whether this exception may sustain admissibility under the North Carolina Constitution. My concurrence in the Court’s opinion is based on my understanding that the opinion neither addresses nor answers this question.

I also concur in Justice Billings’ concurring opinion insofar as it discusses the applicability of nontestimonial identification orders to persons in custody.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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