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., 12/09/2022
E.g., 12/09/2022
State v. Smith, 371 N.C. 469 (Sept. 21, 2018)

In a per curiam opinion in this felon in possession of a firearm case, the court reversed the Court of Appeals for reasons stated in the dissenting opinion below, thus holding that the shotgun could be seized as conrtaband in plain view.

In the opinion below, ___ N.C. App. ___, 804 S.E.2d...

State v. Grice, 367 N.C. 753 (Jan. 23, 2015)

(1) Reversing the court of appeals, the court held that officers did not violate the Fourth Amendment by seizing marijuana plants seen in plain view. After receiving a tip that the defendant was growing marijuana at a specified residence, officers went to the residence to conduct a knock and...

In this Forsyth County case, the Court of Appeals considered for a second time defendant’s appeal of his guilty pleas to possession of cocaine, marijuana, and marijuana paraphernalia based upon the trial court’s denial of his motion to suppress. The Court of Appeals affirmed the denial of...

The court remanded for findings of fact as to the third element of the plain view analysis. Investigating the defendant’s involvement in the theft of copper coils, an officer walked onto the defendant’s mobile home porch and knocked on the door. From the porch, the officer saw the coils in an...

In a drug case, the trial court did not err by denying the defendant’s motion to suppress when an officer saw the item in question—a bong—in plain view while standing on the defendant’s front porch and looking through the open front door. The court rejected the defendant’s argument that the...

State v. Carter, 200 N.C. App. 47 (Sept. 15, 2009)

Holding that the plain view exception to the warrantless arrest rule did not apply. When the officer approached the defendant’s vehicle from the passenger side to ask about an old and worn temporary tag, he inadvertently noticed several whole papers in plain view on the passenger seat. The...

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