Most readers of this blog are familiar with Arrest, Search, and Investigation in North Carolina. For those who are not, it is a treatise on search and seizure law. It covers stops, arrests, warrantless searches, search warrants, and much more. The most recent (sixth) edition was published in 2021 and was authored by long-time School of Government faculty member Robert L. Farb and research attorney Christopher Tyner. However, the law is never static, and the intervening years have seen major developments concerning issues such as digital searches, strip searches, the recording of interrogations, the automobile exception to the warrant requirement, and more. I’ve updated the treatise, and this post details how to access the new content.
Search and Seizure
Plain Feel, Pill Bottles, and Probable Cause: State v. Jackson
A common point of confusion among law enforcement and the public is about the use of unlabeled pill bottles. Is it legal to possess prescription medicine in a container other than the original bottle with the prescription affixed? Does discovering an unlabeled pill bottle justify seizing and searching it to see if it contains contraband? Can a pill bottle be removed from a pocket during a frisk based on plain feel? Does it provide reasonable suspicion or probable cause to search or arrest a suspect? A case decided by the Court of Appeals earlier this month, State v. Jackson, No. COA23-727; ___ N.C. App. ____; ___ S.E.2d ___ (Mar. 19, 2024), sheds some light on these questions. Read on for the details.
Spring 2024 Cannabis Update (Part I)
It has been a while since my last post on cannabis and criminal law issues, and it is past time for an update. In addition to a number of state cases grappling with search and seizure issues surrounding cannabis, there have been recent developments in the area on the federal and tribal levels. Today’s post will focus on search and seizure issues in marijuana prosecutions. Part II will cover drug identification issues and other recent issues affecting the state of cannabis law.
Recordings by Government Officials
This post is co-authored with SOG faculty member Kristina Wilson and is cross-posted to the Coates’ Canons blog.
When and how can state and local government officials and employees record government meetings or their interactions with citizens? Does it matter if the recording is done openly or secretly? Recording may be tempting, particularly where there is a controversial matter at issue. The ability to record can be a useful tool, but there are several laws that government actors need to know if they want to use this tool legally and effectively. This post focuses on the issues surrounding government officials and employees recording oral communications outside of the law enforcement context. A later post will examine the issues surrounding video recording.
May An Officer Ask a Business to Execute a Search Warrant on Itself?
Once upon a time, search warrants were simple. An officer would obtain a warrant to search a suspect’s home or some other physical location connected to a crime. The officer would go to the location, announce his or her presence, and conduct the search. But these days, officers frequently want to obtain records and other evidence from businesses not suspected of any wrongdoing. For example, they want bank records that can be used to trace the suspect’s ill-gotten gains. They want cell site location information that can be used to tie the suspect to the crime scene. And they want email records that show communication between the suspect and his or her coconspirators. Officers do not typically kick down these businesses’ doors and start rummaging around, partly because that would be needlessly disruptive and partly because officers might have a hard time locating evidence stored in the cloud or on a server located who-knows-where. Instead, officers obtain a search warrant, then send a copy of the warrant to the company in question and ask the company to search its own records and provide responsive materials. Is that OK?
State v. Julius, the Automobile Exception, and the Exclusionary Rule
Joanna Julius was riding as a passenger in her parents’ car in McDowell County when the person driving the car crashed it into a ditch filled with water. The driver fled the scene. Law enforcement officers responded and searched the car for evidence of the driver’s identity. When they found drugs inside, they arrested Julius and searched her backpack. There, they found more drugs, a pistol, and cash.
Julius was indicted for drug trafficking and related offenses. She moved to suppress the evidence gathered at the scene on the basis that the car was unlawfully searched. The trial court disagreed, and Julius was convicted. She appealed. A divided panel of the Court of Appeals affirmed. Last month, the North Carolina Supreme Court reversed, holding that the search violated the Fourth Amendment. See State v. Julius, ___ N.C. ___, 892 S.E.2d 854 (2023). This post will discuss the court’s analysis of whether the search was lawful and its remanding of the case for consideration of whether the exclusionary rule barred admission of the resulting evidence.
Can I Take a Look at Your Phone?
Inquisitive police officers regularly ask suspects questions like “Can I take a look at your phone?” or “Can I see your phone?” These on-the-street requests may give rise to legal questions in court. For example, if the suspect hands over the phone in response, does that provide consent for the officer to search the phone? And if so, what is the scope of the search that the officer may conduct? This post explores those issues.
Does Consent to Search a Home Include Consent to Search Phones and Computers Located Inside?
Normally, the Fourth Amendment requires that police obtain a search warrant before officers may search a person’s phone or computer. But the person can waive his or her Fourth Amendment rights by consenting to a search without a warrant. The scope of a person’s consent is determined by what a “typical reasonable person [would] have understood by the exchange between the officer and the suspect.” Florida v. Jimeno, 500 U.S. 248 (1991). Applying that test, if an officer asks a suspect for consent to search the suspect’s home, and the suspect agrees, does that allow the officer to search any digital devices located inside the residence?
Court of Appeals Rules That Consent to Search Backpack, Given after Repeated Requests, Was Not Voluntary
Last month, the Court of Appeals ruled that police coerced a suspect into agreeing to let them search his backpack. Many of the traditional hallmarks of coercion, such as threatening language or the brandishing of weapons, were absent in this case, making it noteworthy for officers, prosecutors, and defense attorneys alike. The case is State v. Wright, __ N.C. App. __, 2023 WL 5925671 (N.C. Ct. App. Sept. 12, 2023), and this post discusses it in greater detail than the summary previously posted on the blog.
Case Summary — State v. Richardson, No. 272A14 (N.C. Sept. 1, 2023).
Presented with an appalling set of facts, the North Carolina Supreme Court unanimously upheld the defendant’s convictions for murder, kidnapping, sex offense, and felony child abuse. The majority affirmed a sentence of death. Justice Berger’s concurring opinion, addressing only a Miranda issue, was joined by four other justices, making it “the supplemental opinion of the Court.” Justice Earls dissented with regard to capital punishment, concluding the defendant was entitled to a new sentencing hearing. This post summarizes the 225-page opinion in Richardson.