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…
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…
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…
Prosecutors and defense attorneys regularly rely on expert witnesses to explain evidence that benefits from specialized knowledge. That may involve reviewing things like breath and blood testing procedures, DUI retrograde extrapolation, accident reconstruction, and medical conditions that could affect impairment assessments. This article examines the different types of experts used…
North Carolina drivers who are suspected of impaired driving may undergo two main types of breath or alcohol tests: a preliminary screening at the roadside and an evidentiary test under the state’s implied consent laws. These procedures are guided by statutes like G.S. 20-16.2, which defines the expectations placed on…
Shawn Patrick Ellis created quite a kerfuffle in more ways than one. His defiant middle finger and later refusal to identify himself to law enforcement resulted in a Superior Court criminal conviction for Resisting Officers. On a day focused on NC court closures, continuances, and the Coronavirus, Justice Robin Hudson…
IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA17-477-2 Filed: 20 August 2019 Mecklenburg County, Nos. 15 CRS 212911-13 STATE OF NORTH CAROLINA v. JERRY GIOVANI THOMPSON Appeal by defendant from judgment entered 3 January 2017 by Judge William R. Bell in Mecklenburg County Superior Court. Originally heard in…
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…
Time Out! What is Probable Cause for NC DWI Cases? If you’ve been in District Court in North Carolina, most likely you’ve heard mention of two relatively recent cases that the Courts have been bantering about. “Have you heard about Townsend? That’s it, there is no such thing as PC…
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