•  
  •  
 

Authors

G. Chris Olson

Abstract

This Note will analyze the reasoning of the majority and concurring opinions in Garner, as well as Garner's relationship to prior North Carolina exclusionary rule cases. The author contends that the majority opinion is inconsistent with those prior cases and faults the majority for adopting an unacceptably lenient standard of proof as to inevitability, and for failing to delineate the parameters of the exception. The Note concludes that the concurrence more accurately reflects the court's past respect for the importance of the exclusionary rule in protecting individual privacy rights.

Share

COinS
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.