Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Criminal Offenses
Drug Offenses
State v. Parks, ___ N.C. App. ___, 828 S.E.2d 719 (May. 21, 2019)
The trial court did not err by denying the defendant’s motion to suppress which asserted that the search warrant in question was issued based on an affidavit containing false and misleading information. The court concluded that although not all of the statements in the affidavit are “entirely accurate,” the evidence supports some version of the challenged statements and the defendant has not met his burden to establish by a preponderance that the affiant made the statements in reckless disregard to the truth or in bad faith. Thus, the trial court did not err in denying the defendant’s motion to suppress.