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,…
Due process is one of the most enduring phrases in the American constitutional tradition. It appears in the Fifth Amendment, binding the federal government, and in the Fourteenth Amendment, extending the guarantee to the states. North Carolina’s Constitution also secures due process through Article I, Section 19, which provides that…
One of the most common misconceptions in criminal cases is the belief that charges will automatically be dismissed if police fail to read Miranda rights. That belief, often shaped by television and popular culture, rarely reflects how Miranda operates under North Carolina criminal law. Miranda rights are an important constitutional…
The Debate Over Ratification and the Demand for a Bill of Rights In the aftermath of the 1787 Constitutional Convention, the proposed United States Constitution went to the states for approval. North Carolina emerged as a critical battleground in this ratification debate. Many North Carolinians were divided between Federalists, who…