QUICK ANSWER: In North Carolina, marijuana possession remains illegal under NCGS § 90-94, regardless of changing attitudes in other states. Charlotte courtrooms now explicitly ban marijuana odor with posted signs. While the smell itself isn’t a crime, appearing in court smelling like marijuana can damage your credibility, affect sentencing decisions,…
Articles Posted in North Carolina Criminal Law
What Is the Voluntary Intoxication Defense in North Carolina?
The Voluntary Intoxication defense in North Carolina criminal law is not an excuse for unlawful conduct but an evidentiary doctrine that can negate the specific intent required for certain crimes. It is one of the most demanding defenses to raise, requiring a high threshold of proof. Key Principles of the…
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…
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…
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,…
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…
Video Evidence in North Carolina Criminal Trials
When is video evidence admissible? Quick Take: In North Carolina vs. Ramsey (COA25-145, filed Oct. 1, 2025), the Court of Appeals approved admission of a short cell-phone clip for illustrative purposes: Eyewitness testified it fairly and accurately depicted what was observed Court treated missing chain links as issues of weight…