Carolina Law Blog
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA18-817
Filed: 20 August 2019
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Search Warrant of Premises
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA17-477-2
Filed: 20 August 2019
Search Warrants
Search Warrants are subject to Fourth Amendment protections against unreasonable searches and seizures. 
Without “probable cause,” a search is ordinarily deemed “unreasonable” and therefore improper. As is the case with many legal issues involving criminal charges, there are certain exceptions.
Searches of a home or residence invite additional scrutiny by Courts, given there is a substantial expectation of privacy within “hearth and home.”
Fear of Imminent Serious Bodily Injury and Domestic Violence
Subjective Fear in the 50B Protection Order Context
A recent unpublished opinion by the NC Court of Appeals reminds family law attorneys and criminal defense lawyers alike that “fear of imminent bodily injury” is a subjective standard and need not be objectively reasonable.
That may come as a surprise to some, given the Court also recently pointed out some of the dire consequences of even being accused of Acts of Domestic Violence.
The Rev
It’s not always obvious when you meet someone who will change your life.
It may be something as small as a random encounter with a stranger or a smile and kind word at just the right time.
Reverend Jerry Robinson
Recalling Warrants
It happens. Sometimes people charged with a criminal offense forget about a court appearance and need help “recalling warrants” or striking an Order for Arrest.
You may have even been scared and decided not to appear in court on the assigned date, later realizing that only made a bad situation worse.
It’s also possible to have multiple cases pending in the same or even different jurisdictions, making it hard to keep track of everything. Missing court can happen for a lot of very good reasons and is not terribly unusual.
Why is Charlotte Crime Out of Control — Part 2
Broken Windows, Broken Lives
Social scientists and criminologists understand there exists an inverse relationship between crime rates and the lack of enforcement of criminal laws.
It’s called the Broken Windows Theory.
The criminological explanation of the social decline theory goes like this.
Will Charlotte police ever get the video thing right?
Prior to the passage of HB 972, the “Body Camera Bill” in 2015, there were legitimate concerns about the law and how it would be applied.
Given the maelstrom that now exists in the Queen City regarding yet another “officer-involved shooting,” and the lack of transparency in the turning-over of video, reasonable minds may ask, “Do we need to revisit the NC body camera laws?”
The law regarding Law Enforcement Agency Recordings, as set forth in N.C.G.S. 132-1.4A, and its interpretation, has been at best problematic. Police departments only reluctantly turn over video. Officers fail to activate recording equipment.
Why is Charlotte Crime Out of Control — Part 1
Charlotte is on track to set a new homicide record in 2019.
While quite a dubious distinction in and of itself, the developing metric fails to express the full nature and extent of a much larger problem in Mecklenburg County.
The overall crime rate and criminality are on the verge of becoming all-consuming issues for citizens, politicians, and the media in our beloved, friendly southern town.
How to dress for court
Have an upcoming court appearance?
A lot of people don’t have experience with legal matters. As such, it’s understandable you may not know what to expect, what to do, or how to act in court. That’s normal.
Two of the most common questions we get is, “What should I expect in court?” and “What should I wear?”