HGN, the Rules of Evidence and Suppression Hearings
True or False: An officer does not have to be qualified as an expert to testify about horizontal gaze nystagmus in a hearing on a motion to suppress in an […]
August 23, 2016
North Carolina Court of Appeals Finds Exigent Circumstances to Enter Home Without a Warrant to Conduct Protective Sweep for Officer Safety and to Prevent Destruction of Evidence
The United States Supreme Court has stated that the “physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed” and that […]
August 9, 2016
No Probable Cause to Search Vehicle Occupant Based Solely on Generalized Odor of Marijuana Emanating From Vehicle
The existence of probable cause to search a vehicle and probable cause to search a vehicle occupant based on an odor of marijuana emanating from a vehicle present separate legal […]
August 3, 2016
Does State v. Ashworth Place Factors Over Substance?
The court of appeals reversed a defendant’s DWI conviction yesterday in State v. Ashworth, __ N.C. App. __ (August 2, 2016), on the basis that the trial court plainly erred […]
July 26, 2016
Court of Appeals Rules That Probationer Was Not in Custody When Handcuffed for Safety Reasons
Generally, custody occurs under Miranda when a suspect is handcuffed even if the suspect is not informed that he or she is under arrest for a crime. However, there are […]
July 19, 2016
Post-Rodriguez North Carolina Appellate Cases at a Glance
By now, most court actors are familiar with the United States Supreme Court’s holding in Rodriguez v. United States, ___ U.S. ___, 135 S. Ct. 1609 (April 21, 2015) (discussed […]
July 12, 2016
Pole Camera Surveillance Under the Fourth Amendment
Placing a video camera on a utility pole and conducting surveillance can be a useful law enforcement tool to gather information without requiring an in-person presence by officers at all […]
July 6, 2016
Utah v. Strieff and the Attenuation Doctrine
(Author’s note: The concluding paragraph of this post was amended after its publication to include the number of outstanding warrants and orders for arrest on July 1, 2016.) Every year, […]
June 29, 2016
Breath Tests Incident to Arrest are Reasonable but Prosecution for Refusing a Blood Test Goes Too Far
The U.S. Supreme Court waded into the murky waters of implied consent law this term in Birchfield v. North Dakota. The opinion it issued last week clarified important aspects of […]
June 28, 2016
The Statutory “Four Corners” Rule When Determining Probable Cause for a Search Warrant
G.S. 15A-245 provides that information other than that contained in a search warrant affidavit may not be considered by the issuing official in determining whether probable cause exists to issue […]
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