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 he dropped before he lay on the ground on his stomach, where he remained as he was arrested and his arms were handcuffed behind his back. The case is significant for at least two reasons: (1) The Fourth Circuit extended Arizona v. Gant, 556 U.S. 332 (2009), to searches outside the automobile context; and (2) The court determined that a bag the suspect could have easily reached while unrestrained was not within his reach while he was prone and handcuffed. Continue reading →
The 2020 Cumulative Supplement to Arrest, Search, and Investigation in North Carolina, written by Robert L. Farb and Christopher Tyner, is now available for purchase. The supplement updates Arrest, Search, and Investigation (5th edition 2016). The 2016 book and 2020 supplement may be purchased as a bundle here.
The supplement is current through July 1, 2020 and includes recent cases from the United States Supreme Court, from North Carolina’s appellate courts, and North Carolina legislation. The supplement includes coverage of critical material such as the United States Supreme Court’s decision in Kansas v. Glover addressing whether an officer may stop a vehicle based on knowledge that the registered owner’s license is revoked, the North Carolina Supreme Court’s decision in Chavez v. McFadden about whether state judicial officials may grant habeas relief to defendants held pursuant to immigration-related warrants, and 2020 legislation altering the place of confinement for persons under 18 years of age who are charged as adults.
NC Judicial Branch employees may procure copies through the online store at the Administrative Office of the Courts (AOC). They may contact the Purchasing Services Division (firstname.lastname@example.org) with questions. Please note that the AOC requests prior approval from division managers before ordering through its online store.
The new edition of Arrest, Search, and Investigation in North Carolina, Fifth Edition, 2016 is now available. Continue reading for additional information. Continue reading →