Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Criminal Offenses
Drug Offenses
State v. Wells, 225 N.C. App. 487 (Feb. 5, 2013)
In a case in which the defendant was convicted of soliciting a child by computer and attempted indecent liberties on a child, the trial court erred by concluding that the defendant’s laptop would have been inevitably discovered. The trial court ordered suppressed the defendant’s statements to officers during questioning. In those statements the defendant told officers that he owned a laptop that was located on his bed at the fire station. The trial court denied the defendant’ motion to suppress evidence retrieved from his laptop, concluding that it would have been inevitably discovered. The court found that the State had not presented any evidence--from the investigating officers or anyone else--supporting this conclusion.