TL;DR Quick Take: The legacy of North Carolina v. Rogers reaches beyond suppression hearings. It redefines how courts balance government trust against the structural necessity of constitutional discipline. Whether this evolution strengthens justice or weakens liberty depends on how future courts interpret the limits of “reasonableness” in applying the Good…
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State v. Rogers: Slow Death of the Exclusionary Rule in NC?
TL;DR Quick Take: North Carolina v. Rogers could prove to be one of the most consequential constitutional rulings in North Carolina criminal law in decades. The opinion not only interprets N.C.G.S. § 15A-974 but also redefines how North Carolina courts understand the relationship between the Fourth Amendment and Article I,…
Felony Death by Vehicle Charges in Iredell County NC
What is Felony Death by Vehicle Under North Carolina Law? Felony Death by Vehicle, as outlined under N.C.G.S. § 20-141.4, occurs when someone unintentionally causes the death of another while operating a motor vehicle and simultaneously commits the offense of Driving While Impaired (DWI). In other words, Felony Death by…
Hearsay Cross-Examination and Constructive Possession
In North Carolina v. Capps, the North Carolina Court of Appeals examined two key issues arising from a felonious possession of stolen goods conviction: (1) whether the evidence was sufficient to prove the defendant’s constructive possession of stolen property; and (2) whether the trial court erred by excluding as hearsay…
Is Court Closed in Charlotte?
Inclement weather in the Carolinas can make for anxious times. It’s more than just black ice and downed trees. If you have court appearance coming up, wondering what to do can be a problem. If you have criminal charges pending or a scheduled court appearance date for DWI charges in Charlotte, failure to…
Driving While License Revoked Laws in North Carolina
How Can An Officer Charge Me With Driving While License Revoked When He Didn’t Pull Me Over? What are the Driving While License Revoked Laws in North Carolina HELPFUL INFO ABOUT HOW TO HANDLE YOUR “DRIVING WHILE LICENSE REVOKED IMP REV” TICKET IN CHARLOTTE NC By: Bill Powers, Carolina Criminal…
Is larceny a felony or misdemeanor criminal case?
Charlotte Criminal Defense Lawyer Bill Powers Answers the Question: Is larceny a felony or misdemeanor criminal case? Why are some things considered a “minor misdemeanor” and other allegations of larceny considered a felony? What is a felony and why is it more serious? Is larceny a felony or misdemeanor criminal case…
Is Breathalyzer on the side of the road reliable?
Is Breathalyzer on the side of the road reliable?? What kind of devices are out there? What is the accuracy of the handheld breath test? Is there a way to challenge the test? Are handheld tests admissible as evidence? Is the AlcoSensor reliable? 1710F Handheld breath testing devices…