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,…
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…
Reasonable Suspicion – Middle Finger to Police
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 Warrant of Premises
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…