This post provides summaries of the opinions of the North Carolina Court of Appeals published on August 20, 2019. Order imposing lifetime satellite-based monitoring was not supported by evidence of reasonableness State v. Anthony, ___ N.C. App. ___, ___ S.E.2d ___ (Aug. 20, 2019). The court reversed the trial court’s order requiring the defendant to submit to lifetime satellite-based monitoring (SBM) on the basis that it ordered an unreasonable search. Though the State mentioned statistics and studies related to the risk of recidivism posed by sex offenders in its argument, it did not present those studies to the trial court, and they were not subject to judicial notice under Rule 201. In addition, the State presented no evidence on the efficacy of SBM to reduce recidivism. Facts alleged in detective’s application for a search warrant established probable cause that evidence of unlawful drug activity would be found in the residence ordered searched State v. Bailey, ___ N.C. App. ___, ___ S.E.2d ___ (Aug. 20, 2019). Carteret County Sheriff’s deputies observed what they believed to be a drug transaction in the parking lot of an apartment complex. Two individuals known to one of the detectives to have previously been involved in the sale of unlawful drugs drove into the parking lot in a blue Jeep. After they arrived, a woman got out of a white Mercury parked in the lot, got into the blue Jeep for 30 seconds, and then walked back to the Mercury. Both cars then quickly left the parking [...]
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