North Carolina Criminal Law

I have been covering developments around the legalization of hemp in North Carolina since 2018. Never did I suspect then that I would still be working on the topic all […]

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Riley v. California, 573 U.S. 373 (2014), holds that the contents of a cell phone may not be searched incident to arrest, but allows for the possibility that the phone […]

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Last September, the Court of Appeals decided State v. Thomas, No. COA23-210, __ N.C. App. __ (2024), a case involving law enforcement’s retrieval of ankle monitor location data gathered while […]

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Some time ago, I received an email from a researcher asking whether a minor may consent to the search of his or her cell phone. The question made me realize […]

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In State v. Jackson, No. COA23-637 (Oct. 1, 2024), the Court of Appeals considered whether an officer had reasonable suspicion to detain the defendant for trespassing. Mitchell County Sheriff’s deputies […]

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Five years ago, I wrote about geofence warrants. I said then that “there are zero cases on Westlaw . . . [and] virtually no secondary source material about these warrants.” […]

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North Carolina doesn’t have a land border with Mexico or Canada, so most people don’t think of us as a border state. But we are. We have a maritime border […]

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Law enforcement officers sometimes damage property in the course of their work. For instance, they may break down a door while executing an arrest warrant, or may pull up floorboards […]

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Author’s Note: The Court of Appeals withdrew the decision on which this post is based on August 30, 2024. The Court of Appeals recently settled an issue that has been […]

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Earlier this year, the Fourth Circuit decided United States v. Zelaya-Veliz, 94 F.4th 321 (4th Cir. 2024). Phil summarized it here when it came out, but we thought it merited […]

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