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Articles Posted in criminal procedure

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The Future of the Exclusionary Rule in North Carolina

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,…

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Understanding Miranda Rights | When Police Must Read Them And When They Don’t

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…

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North Carolina’s Influence on the Fourth Amendment and the Bill of Rights

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…

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