Articles Tagged with North Carolina Search Law

by

Police can enter a home without a warrant under the emergency aid exception to the Fourth Amendment’s warrant requirement. Also called the emergency assistance exception or emergency doctrine, this exception permits warrantless home entry when officers have an objectively reasonable basis to believe someone inside is seriously injured or imminently threatened with serious injury. On January 14, 2026, the United States Supreme Court decided Case v. Montana, reaffirming that probable cause is not required for emergency aid entry while rejecting a lower reasonable-suspicion approach. This guide explains when warrantless entry into a home may be lawful, what Case v. Montana changed, and how North Carolina courts will likely apply the doctrine.

Written by Bill Powers, a North Carolina criminal defense lawyer with 33 years (since 1992) of courtroom experience. Bill is a Board-Certified Criminal Law Specialist through the National Board of Trial Advocacy / National Board of Legal Specialty Certification and a former President of the North Carolina Advocates for Justice. Powers Law Firm represents clients in criminal, traffic, and impaired driving matters in the Charlotte area and accepts select serious felony driving and vehicular homicide cases across North Carolina.

Part I: Search Warrants | Constitutional Foundation

Continue reading

by

If a “knock and talk” crosses the constitutional line, can what officers saw or learned still justify Two uniformed police officers standing at a doorway during a knock and talk investigation in North Carolina, illustrating Fourth Amendment search and seizure and probable cause issues in criminal defense cases 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 during a questionable encounter on private property.

The decision turns on three interrelated questions:

Continue reading
Contact Information
2412 Arty Ave
Charlotte, NC 28208
Phone: 704-342-4357

Visit Our: Charlotte Divorce or Charlotte Injury Websites

Each case is different and must be evaluated on its individual facts. Prior results are no guarantee that similar results can be achieved in future cases.

We serve clients throughout North Carolina, including, but not limited to, those in the following localities: Mecklenburg County including Charlotte; Gaston County including Gastonia; Iredell County including Statesville and Mooresville; Lincoln County including Lincolnton; and Union County including Monroe and Indian Trail. View More

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2018 – 2026, Powers Law Firm PA
JUSTIA Law Firm Blog Design