Smith's Criminal Case Compendium

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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Davis v. United States, 564 U.S. 229 (June 16, 2011)

Arrest, Search, and Investigation > Exclusionary Rule > Scope of the Exclusionary Rule

The exclusionary rule (a deterrent sanction baring the prosecution from introducing evidence obtained by way of a Fourth Amendment violation) does not apply when the police conduct a search in compliance with binding precedent that is later overruled. Alabama officers conducted a routine traffic...

Herring v. United States, 555 U.S. 135 (Jan. 14, 2009)

Arrest, Search, and Investigation > Exclusionary Rule > Scope of the Exclusionary Rule

The exclusionary rule does not require the exclusion of evidence found during a search incident to arrest when the officer reasonably believed that there was an outstanding warrant but that belief was wrong because of a negligent bookkeeping error by another police employee. An officer arrested...

State v. Thomas, ___ N.C. App. ___, 834 S.E.2d 654 (Oct. 15, 2019)

Arrest, Search, and Investigation > Exclusionary Rule > Fruit of Poisonous Tree

Arrest, Search, and Investigation > Exclusionary Rule > Scope of the Exclusionary Rule

The defendant was convicted of four counts of first-degree murder and other charges and appealed. He argued the trial court erred in denying his motion to suppress, his motion to dismiss, and in admitting certain evidence. The Court of Appeals unanimously affirmed.

The offenses occurred in...

State v. Holley, ___ N.C. App. ___, 833 S.E.2d 63 (Sept. 3, 2019)

Arrest, Search, and Investigation > Arrests & Investigatory Stops > Stops > Reasonable Suspicion > Flight/Walking Away

Arrest, Search, and Investigation > Arrests & Investigatory Stops > Stops > Reasonable Suspicion > High Crime Area

Arrest, Search, and Investigation > Exclusionary Rule > Scope of the Exclusionary Rule

Criminal Offenses > Obstruction of Justice and Related Offenses > Resist, Delay & Obstruct Officer

The defendant was charged with possession of a firearm by a person previously convicted of a felony and resisting, delaying, or obstructing an officer. The State dismissed the resisting charge before trial, and the defendant filed a motion to suppress the firearm. The trial judge denied the...

State v. Friend, 237 N.C. App. 490 (Dec. 2, 2014)

Arrest, Search, and Investigation > Exclusionary Rule > Fruit of Poisonous Tree

Arrest, Search, and Investigation > Exclusionary Rule > Scope of the Exclusionary Rule

In an assault on an officer case, the court rejected the defendant’s argument that evidence of his two assaults on law enforcement officers should be excluded as fruits of the poisonous tree because his initial arrest for resisting an officer was unlawful. The doctrine does not exclude evidence...

State v. Barron, 202 N.C. App. 686 (Mar. 2, 2010)

Arrest, Search, and Investigation > Exclusionary Rule > Scope of the Exclusionary Rule

Even if the defendant was arrested without probable cause, his subsequent criminal conduct of giving the officers a false name, date of birth, and social security number need not be suppressed. “The exclusionary rule does not operate to exclude evidence of crimes committed subsequent to an...

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