State v. Rayfield, 231 N.C. App. 632 (Jan. 7, 2014)

In this child sex case, the court held that although the magistrate violated G.S. 15A-245 by considering the officer’s sworn testimony when determining whether probable cause supported the warrant but failing to record that testimony as required by the statute, this was not a basis for granting the suppression motion. Significantly, the trial court based its ruling solely on the filed affidavit, not the sworn testimony and the affidavit was sufficient to establish probable cause.

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