constitutional protections

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 than a traditional criminal investigation, its implications extend beyond tax collection. It clarifies the continuing role of the Fourth Amendment and Article I, Section 20 of the North Carolina Constitution in protecting private dwellings from unauthorized searches and seizures.

The opinion also reaffirms an older, quieter truth that sometimes gets lost in modern exclusionary-rule debate.

“They never read me my Miranda rights!” This is one of the most common statements criminal defense attorneys hear from clients who believe this oversight will automatically get their charges dismissed. Unfortunately, this widespread misconception, fueled by countless TV shows and movies, rarely reflects the reality of North Carolina criminal law.

If you’ve been arrested and are wondering about your Miranda rights, understanding when they actually apply and when they don’t could make a significant difference in your case.

If you’ve been charged with misdemeanor death by vehicle in Mooresville or felony death by vehicle in the Charlotte metro region, it’s a good idea to consult an experienced North Carolina criminal defense lawyer. The criminal defense legal team at Powers Law Firm understand the intricacies of vehicular homicide cases and may be available to serve as legal counsel and guide you through your legal options. Call or TEXT 704-342-4357 to schedule a confidential consultation.

Articles Tagged with constitutional protections

Civil Warrants, Criminal Searches: Fourth Amendment in North Carolina

Understanding Miranda Rights – When Police Must Read Them And When They Don’t