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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State v. Lewis, 372 N.C. 576 (Aug. 16, 2019)

Arrest, Search, and Investigation > Search Warrants > Probable Cause Insufficient

On discretionary review of a consolidated appeal from two decisions of the Court of Appeals, ___ N.C. App. ___, 816 S.E.2d 212 (2018), and ___ N.C. App. ___, 812 S.E.2d 730 (2018) (unpublished), the Supreme Court affirmed in part and reversed in part the decisions of the Court of Appeals. A...

State v. Jordan, ___ N.C. App. ___, 2022 NCCOA 215 (Apr. 5, 2022) temp. stay granted, ___ N.C. ___, 871 S.E.2d 101 (Apr 21 2022)

Arrest, Search, and Investigation > Exigent Circumstances

Arrest, Search, and Investigation > Search Warrants > Probable Cause Insufficient

Arrest, Search, and Investigation > Searches > Consent Searches > Voluntariness of Consent

Arrest, Search, and Investigation > Standing > To Challenge Search of Premises

Charlotte-Mecklenburg police received a report of a stolen car and information about its possible location. Officers went to the location, which was part residence and part commercial establishment. A car matching the description of the stolen vehicle was in the back parking lot. As police...

State v. Eddings, 280 N.C. App. 204, 2021-NCCOA-590 (Nov. 2, 2021)

Arrest, Search, and Investigation > Search Warrants > Probable Cause Insufficient

In this Buncombe County case, the defendant was convicted by a jury of possession with intent to sell or deliver fentanyl, possession of fentanyl, possession of firearm by a felon, and maintaining a building for keeping or selling controlled substances. Officers conducted a search of the...

State v. Logan, ___ N.C. App. ___, 2021-NCCOA-311 (July 6, 2021)

Arrest, Search, and Investigation > Search Warrants > Probable Cause Insufficient

In this Cleveland County case, police were dispatched to a commercial business around 3 a.m. in response to a noise complaint. Upon arrival, they noticed a strong odor of burning marijuana and loud noises from a party within the building. The property owner-defendant approached police on...

State v. Williams, ___ N.C. App. ___, 833 S.E.2d 223 (Sept. 17, 2019)

Arrest, Search, and Investigation > Search Warrants > Probable Cause Insufficient

Criminal Procedure > Motions > Suppression Motions > Findings of Fact & Conclusions of Law

Officers obtained a search warrant to search the defendant’s house. They executed the warrant, found drugs, and charged the defendant with drug offenses. The defendant moved to suppress, arguing that the warrant contained material misrepresentations and did not provide probable cause to support...

State v. Lenoir, ___ N.C. App. ___, 816 S.E.2d 880 (June 5, 2018)

Arrest, Search, and Investigation > Search Warrants > Probable Cause Insufficient

In this possession of a firearm by a felon case, the court held that the affidavit contained insufficient details to support issuance of the search warrant. When officers went to the defendant’s home to conduct a knock and talk, the defendant’s brother answered the door and invited them in. An...

State v. Parson, ___ N.C. App. ___, 791 S.E.2d 528 (Oct. 18, 2016)

Arrest, Search, and Investigation > Search Warrants > Probable Cause Insufficient

(1) In this methamphetamine trafficking case, the trial court erred by denying the defendant’s motion to suppress evidence seized during execution of a search warrant. Noting that a factual showing sufficient to support probable cause “requires a truthful showing of facts,” the court rejected...

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