Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Criminal Offenses
Drug Offenses
State v. Lupek, 214 N.C. App. 146 (Aug. 2, 2011)
In a drug case, the trial court did not err by denying the defendant’s motion to suppress when an officer saw the item in question—a bong—in plain view while standing on the defendant’s front porch and looking through the open front door. The court rejected the defendant’s argument that the officer had no right to be on the porch. The officer responded to a call regarding a dog shooting, the defendant confirmed that his dog was shot by a neighbor, and the officer went to the defendant's residence to investigate. Once there he encountered a witness from whom he sought to obtain identification as he followed her to the porch.