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.

Instructions

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E.g., 12/05/2021
E.g., 12/05/2021

The evidence was sufficient to convict the defendant of felony breaking or entering. After detaining the defendant for larceny, a Belk loss prevention associate entered the defendant’s name in a store database. The associate found an entry for the defendant’s name at Belk Store #329 in Charlotte, along with a photograph that resembled the defendant and an address and date of birth that matched those listed on his driver’s license. The database indicated that, as of 14 November 2015, the defendant had been banned from Belk stores for a period of 50 years pursuant to a Notice of Prohibited Entry following an encounter at the Charlotte store. The notice contained the defendant’s signature. On appeal, the defendant argued that the evidence was insufficient because it showed he entered a public area of the store during regular business hours. Deciding an issue of first impression, the court disagreed. In order for an entry to be unlawful, it must be without the owner’s consent. Here, Belk did not consent to the defendant’s entry. It had issued a Notice expressly prohibiting him “from re-entering the premise[s] of any property or facility under the control and ownership of Belk wherever located” for a period of 50 years. The loss prevention associate testified that the Notice had not been rescinded, that no one expressly allowed the defendant to return to store property, and that no one gave the defendant permission to enter the store on the date in question.

The evidence was sufficient to support a conviction for misdemeanor breaking or entering. Although the defendant had consent to enter the home’s garage, he did not have consent to enter the residence itself, which he did by breaking down a door. 

The defendant did not have implied consent to enter an office within a video store. Even if the defendant had implied consent to enter the office, his act of theft therein rendered that implied consent void ab initio.

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