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,…
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…
IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA18-817 Filed: 20 August 2019 Stanly County, No. 17CRS700160 STATE OF NORTH CAROLINA v. SHAWN PATRICK ELLIS, Defendant. Appeal by Defendant from judgment entered 13 March 2018 by Judge Karen Eady-Williams in Stanly County Superior Court. Heard in the Court of…
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…