Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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Record #:
27670
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This week in Washington, DC, the US Supreme Court heard the case of Heien vs. North Carolina which tests Fourth Amendment protections against unconstitutional searches. Its decision has national implications for police officers who are often immune from punishment for misinterpreting the law and illegally searching an individual. Civil liberties advocates are watching this case closely as it could cause illegal traffic stops to spike if police are not held accountable for misinterpreting the law.
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Record #:
20029
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This bulletin supplements ARREST, SEARCH, AND INVESTIGATION IN NORTH CAROLINA (3d ed. 2003). It included legislation and case law through December 2006 and makes other changes.
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Record #:
29957
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During the 1980 term, the Supreme Court decided three cases that further limit the application of the exclusionary rule for unconstitutional searches and seizures. Prosecutors in North Carolina and elsewhere will be advantaged in several important ways by these opinions.
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Record #:
29959
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North Carolina statutes governing search warrants do not contemplate the issuance of a warrant to search for “persons” as opposed to “items.” This memorandum discusses recent search and seizure cases and the implications to law enforcement.
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Record #:
29971
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In a recent 1981 decision, United States Supreme Court recently held that a police officer may not enter a home to make a routine felony arrest unless he has an arrest warrant. This memorandum reviews the Court’s decision and explains its effect on North Carolina law.
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Record #:
29992
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This memorandum reviews the current law on searches of people who are in custody, emphasizing the kinds of facts that have prompted courts to limit the authority of officers and noting the areas in which some future limitations might be expected. There is little North Carolina law on most of these issues and sometimes the decisions in other jurisdictions are in conflict.
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Record #:
29994
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Over the years, the United States Supreme Court, the appellate courts of North Carolina, and the North Carolina legislature have developed certain rules for conducting arson investigations. All of these rules involve balancing law enforcement’s interest in investigating apparent crimes with the property owner’s expectation of privacy. This article is a brief summary of those rules.
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Record #:
30010
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The Fourth Amendment prohibits all unreasonable searches and seizures, but established exceptions for emergency searches. The United States Supreme Court recently clarified the concept of emergency searches and defined the lawful scope of such activities. Two cases regarding fire and crime scene searches are presented, and discussed in terms of their applications to North Carolina.
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