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., 10/17/2021
E.g., 10/17/2021
State v. Heien, 367 N.C. 163 (Nov. 8, 2013) aff'd on other grounds, 574 U.S. ___, 135 S. Ct. 530 (Dec 15 2014)

The court per curiam affirmed the decision below, State v. Heien, 226 N.C. App. 280 (2013). Over a dissent the court of appeals had held that a valid traffic stop was not unduly prolonged and as a result the defendant’s consent to search his vehicle was valid. The stop was initiated at...

The trial court properly denied the defendant’s motion to suppress heroin discovered following a search of the defendant during a traffic stop. A tactical narcotics officer noticed a Lincoln sedan weaving in and out of heavy traffic at high speeds, nearly causing multiple collisions. The vehicle...

An officer’s search of the defendant’s rental car did not exceed the scope of the defendant’s consent. During a traffic stop, the defendant consented to a search of the vehicle but not to a search of his personal belongings in it, a bag and two hoodies. After searching the defendant’s vehicle,...

State v. Ladd, 246 N.C. App. 295 (Mar. 15, 2016)

In this peeping with a photographic device case, the trial court erred by denying the defendant’s motion to suppress with respect to evidence obtained during a search of the defendant’s external hard drives. The court rejected the notion that the defendant consented to a search of the external...

A consent search of the defendant’s vehicle was not invalid because it involved taking off the rear quarter panels. The trial court found that both rear quarter panels were fitted with a carpet/cardboard type interior trim and that they “were loose.” Additionally, the trial court found that the...

The defendant’s voluntary consent to search his vehicle extended to the officer’s looking under the hood and in the vehicle’s air filter compartment.

By consenting to a search of all personal and real property at 19 Doc Wyatt Road, the defendant consented to a search of an outbuilding within the curtilage of the residence. The defendant’s failure to object when the outbuilding was searched suggests that he believed that the outbuilding was...

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