State v. Rogers examines the relationship between constitutional violations and judicial remedies regarding suppressing evidence in North Carolina, focusing on when unlawfully obtained evidence should be excluded and when statutory good-faith principles may permit the admission of objectively unlawfully obtained evidence (in violation of statutory or constitutional precepts) despite a…
Articles Posted in Fourth Amendment North Carolina
State v. Chemuti | Criminal Discovery in North Carolina in 2026
If you are facing criminal charges in North Carolina, recent court decisions may directly affect what evidence your lawyer can obtain and how quickly that evidence becomes available. One of the most important of these rulings is State v. Chemuti, a decision that changes how body-camera and dash-camera recordings are…
When the State Profits from Crime: Taxing Crime in North Carolina
North Carolina law prohibits the possession, sale, and trafficking of controlled substances. Yet the same State that prosecutes those offenses also taxes and therefore profits them. Is that right? Does that make sense? Should the government profit from crime? Is it OK to tax Drugs? Extortion? What about Illegal Pornography,…
Civil Warrants, Criminal Searches: Fourth Amendment in North Carolina
The North Carolina Court of Appeals’ decision in State v. Hickman (COA24-893, filed November 5, 2025) revisits a foundational question in constitutional law. When government agents enter private property without a warrant, what happens to the evidence they obtain? While the case involves a Department of Revenue tax warrant rather…
Knock and Talk or Search by Another Name?
If a “knock and talk” crosses the constitutional line, can what officers saw or learned still justify a search warrant? TL;DR Quick Take: North Carolina v. Norman tests the limits of North Carolina’s knock and talk doctrine and asks whether a search warrant can survive when officers use observations gathered…
Good Faith Exception to the Exclusionary Rule in North Carolina
The Supreme Court of North Carolina’s opinion in North Carolina v. Rogers (Oct. 17, 2025) deserves careful study by criminal defense and DUI defense lawyers. TL;DR Quick Take North Carolina v. Rogers reshapes how certain suppression motions may be litigated in North Carolina. The Supreme Court interpreted the 2011 “good faith” amendment…