State v. Tate

In State v. Tate, 58 N.C. App. 494, 499, 294 S.E.2d 16, 19, disc. review denied, 306 N.C. 750, 295 S.E.2d 763 (1982), aff'd per curiam, 307 N.C. 464, 298 S.E.2d 386 (1983), the defendant argued that the trial court made insufficient findings of fact to support its conclusions of law in the order denying the defendant's motion to suppress. Id. The Court recognized: "If there is no material conflict in the evidence on voir dire, it is not error to admit the challenged evidence without making specific findings of fact, although it is always the better practice to find all facts upon which the admissibility of the evidence depends. In that event, the necessary findings are implied from the admission of the challenged evidence. " Id. In Tate, the defendants failed to refute the detective's testimony, and our Court held that the detective's un-refuted testimony supported the trial court's conclusion of law. Id. Accordingly, our Court held that the trial court did not err by denying the defendant's motion to suppress. Id.