The University of North Carolina at Chapel Hill
Skip to main content

Blog

North Carolina Criminal Law Blog

Category: voluntariness

October 16, 2023

Court of Appeals Rules That Consent to Search Backpack, Given after Repeated Requests, Was Not Voluntary

Jeff Welty

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.

October 24, 2022

When an Officer Threatens to Seek a Search Warrant if a Suspect Doesn’t Consent to a Search, Is the Suspect’s Subsequent Consent Rendered Involuntary?

Jeff Welty

Suppose an officer is investigating a report of drug sales at a home. The officer sends an informant in to make a controlled buy from the suspected dealer. The informant comes out of the house with drugs and a report that the dealer has a large additional quantity of illicit substances remaining in the house. The officer decides that it would be a good time to bust the dealer, so the officer approaches the home, knocks on the door, and the dealer answers. The officer explains the situation and says, “I’m asking for consent to search your house. If you don’t consent, I’ll go apply for a search warrant because I think I have probable cause. So, can I search?” The dealer says yes, but later argues that his consent was not voluntary and that he merely acquiesced given the threat of the warrant. What’s the law?

December 6, 2011

The Law of Interrogation

Jeff Welty

In connection with some teaching that I have coming up, I’ve prepared a short outline summarizing the law of interrogation. It’s available as a PDF here. It covers voluntariness, Miranda, […]

December 13, 2010

Promises, Promises

Jeff Welty

An involuntary confession can’t be used against a defendant at trial, not even to impeach him if he testifies. See, e.g., Mincey v. Arizona, 437 U.S. 385 (1978). Whether a […]

January 22, 2010

Package Deal Plea Bargains

Jeff Welty

The court of appeals decided State v. Salvetti this week. The case involves several interesting issues, but I want to focus on the court’s approval of “package deal” plea bargaining. […]