North Carolina Criminal Law

Over the past several months, I’ve been dropping by clerks’ offices to look at search warrants. I’ve made it to six offices, including offices in eastern, central, and western North […]

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The indispensable search and seizure legal reference is back and better than ever! That’s right, the sixth edition of Arrest, Search, and Investigation in North Carolina is now available for […]

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According to the CDC, a “sharp instrument” was used in over 1,300 homicides in 2019. Knives are dangerous and police officers are justified in treating them as such. Under what […]

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On Friday, the Supreme Court of North Carolina decided a civil case in which an arrestee alleged that he was handcuffed too tightly by the arresting officer. The court allowed […]

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I’ve had several questions lately about the requirement in G.S. 15A-248 that “[a] search warrant must be executed within 48 hours from the time of issuance.” The specific concern is […]

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The North Carolina Task Force for Racial Equity in Criminal Justice recommended in a 2020 report that state and local law enforcement agencies enact policies requiring officers to intervene in […]

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This post summarizes published criminal and related decisions from the Fourth Circuit Court of Appeals released during July 2021 which may be of interest to state practitioners. Summaries are also […]

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A few weeks ago the United States Supreme Court decided Lange v. California, 594 U.S. ___, ___ S. Ct. ___ (June 23, 2021), holding that the flight of a person […]

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The Fourth Circuit held in United States v. Davis, No. 20-4035, 2021 WL 1826255, ___ F.3d ___ (4th Cir. May 7, 2021) that officers unlawfully searched a suspect’s backpack, which […]

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Recent well-publicized incidents have led to questions about when a law enforcement officer may use deadly force to seize a fleeing suspect. The short answer is that the Constitution permits […]

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