Opinion

State v. Allen

  • 102 N.C. App. 598
  • 403 S.E.2d 907
  • 1991 N.C. App. LEXIS 468
Court
Court of Appeals of North Carolina
Filed
May 7, 1991
Status
Published
Author
Wells
On the bench
Cozort, Lewis, Wells
Cited by
11 cases

Reversed on other grounds by State v. Allen, 332 N.C. 123 (1992)

The opinion

Judge WELLS

dissenting.

I believe that defendant’s statements to Agent Bazemore were the result of the illegal entry into her home. The majority’s conclusion that she was wrongfully arrested either at that time or shortly thereafter strengthens my opinion that these statements were improperly obtained, and are tainted by these improprieties. I am not convinced that those factors relied on by the trial court and cited by the majority purge these statements of the primary taint. Therefore, I vote to grant a new trial.

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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