By North Carolina Judicial Branch
State v. Tripp
constitutionality of warrantless search of an occupant of property for which a valid search warrant exists; the defendant did not qualify as an occupant because he did not pose a threat to safe execution of warrant; no reasonable suspicion supported warrantless frisk of the defendant for officer safety; inevitable discovery doctrine did not cure unlawful search and allow admission of seized evidence where the state failed to demonstrate arrest of defendant in the course of executing warrant was probable; correction of clerical errors in judgments was required where judgments did not reflect sentence rendered in open court
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Summary
constitutionality of warrantless search of an occupant of property for which a valid search warrant exists; the defendant did not qualify as an occupant because he did not pose a threat to safe execution of warrant; no reasonable suspicion supported warrantless frisk of the defendant for officer safety; inevitable discovery doctrine did not cure unlawful search and allow admission of seized evidence where the state failed to demonstrate arrest of defendant in the course of executing warrant was probable; correction of clerical errors in judgments was required where judgments did not reflect sentence rendered in open court