NC: State statute on parole searches didn’t permit search of home, just the person

State statute authorized searches of the person or parolees, not places, and the search here exceeded the authority granted by statute, applying Samson v. California. State v. McCants, 2020 N.C. App. LEXIS 969 (Dec. 31, 2020).

The search warrant was issued on probable cause. “In short, Defendant has not shown that the warrant affidavit was lacking in indicia of probable cause. [¶] For the foregoing reasons, the Court finds Defendant has not carried his burden of demonstrating the good faith exception does not apply. Thus, the items seized pursuant to the search warrant should not be suppressed.” United States v. Rose, 2020 U.S. Dist. LEXIS 243674 (E.D. Tex. Nov. 17, 2020).*

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