Motion to Suppress

October 29, 2025

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 Faith Exception to the Exclusionary Rule.

I. Constitutional Remedies and the Philosophy of Enforcement

Constitutional rights mean little without remedies that make them enforceable. The framers of the US Constitution understood this when they created mechanisms to restrain power through process.

June 14, 2025

North Carolina’s Influence on the Fourth Amendment and the Bill of Rights

by Carolina Attorneys

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 supported the new Constitution as written, and Anti-Federalists, who feared it granted too much unchecked power to a central government.

The absence of a clear list of guaranteed individual rights in the federal Constitution became a focal point. North Carolina’s citizens had fresh memories of British abuses of power before and during the Revolutionary era. They worried that without explicit protections, such as safeguards against arbitrary searches and seizures or other infringements, a new federal government might oppress the people just as past tyrannies had. This concern for fundamental liberties set the stage for North Carolina’s insistence on a Bill of Rights.

March 11, 2025

Expert Witnesses in North Carolina DWI Cases: Types, Testimony, and Legal Considerations

by Carolina Attorneys

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 in North Carolina DWI cases, how courts determine whether their testimony is admissible under Rule 702, and what legal considerations apply when presenting expert evidence in court.

Understanding these issues can help if you’re facing a DWI charge. Expert testimony can play a significant role in North Carolina Driving While Impaired (DWI) cases, particularly when scientific, medical, or technical issues arise. Whether challenging the accuracy of a chemical test, questioning how an arrest was conducted, or providing insight into how a collision occurred, experts may help clarify complex evidence for a judge or jury.

What Is an Expert Witness?

March 1, 2025

Blood Testing in North Carolina DWI Cases: What to Know

by Carolina Attorneys

While breath testing is often the go-to method for measuring a driver’s blood alcohol concentration (BAC), certain situations call for blood testing in a DWI case. Law enforcement may suspect drug involvement, or the driver may be unable (or unwilling) to provide a valid breath sample on an approved device. DUI fatalities tend to involve blood testing, as it the more accurate method to confirm the different possible sources of impairment and the respective concentrations of each.

Understanding when officers rely on blood draws in North Carolina—and how they handle chain-of-custody requirements—can help clarify whether the reported results are reliable or open to challenge.

This article explains common scenarios leading to blood tests, the difference between hospital versus EMT blood draws, how labs analyze samples using Gas Chromatography–Mass Spectrometry (GC-MS), and what legal issues can arise involving consent, patient privacy, and chain of custody. If you have questions about blood testing in a North Carolina DWI, call or TEXT the Powers Law Firm at 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com.