Smith's Criminal Case Compendium

Smith's Criminal Case Compendium

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This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.

Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.

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E.g., 09/26/2021
E.g., 09/26/2021
State v. Elder, 232 N.C. App. 80 (Jan. 21, 2014) modified and affirmed on other grounds, 368 N.C. 70 (Jun 11 2015)

(1) The district court exceeded its statutory authority by ordering a general search of the defendant’s person, vehicle, and residence for unspecified “weapons” as a provision of the ex parte DVPO under G.S. 50B-3(a)(13). Thus, the resulting search of the defendant’s home was unconstitutional. In its ruling, the court rejected the State’s argument that the good faith exception applied. The court noted that the good faith exception might have applied if the defendant challenged the search only under the US constitution; here, however the defendant also challenged the search under the NC Constitution, and there is a no good faith exception to the exclusionary rule applied as to violations of the state Constitution.

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