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.
G. Chris Olson, North Carolina Adopts the Inevitable Discovery Exception to the Exclusionary Rule - State v. Garner, 15 Campbell L. Rev. 305 (1993).