Facts
Bumper lived with his grandmother and was accused of rape. Police arrived at the grandmother’s home and announced they had a search warrant, but they had none. The grandmother responded, “Go ahead.” The officers discovered a rifle allegedly used in the crime.
Procedural History
The trial court denied Bumper’s motion to suppress the rifle, finding that the grandmother had given her consent for the search. The Supreme Court of North Carolina affirmed.
Issue(s)
Did the trial court err in finding that the grandmother voluntarily consented to the search of her home, thus making the evidence of the rifle allowable?
Holding(s)
Yes.
Reasoning/Analysis
The Court found that when a law enforcement officer claims authority to search a home under a warrant, he announces in effect that the occupant has no right to resist the search. The situation is instinct with coercion. The grandmother did not consent to the search and admission of the rifle was in error.
Judgment/Outcome
The Court reversed the judgment of the Supreme Court of North Carolina.
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