Smith's Criminal Case Compendium

Smith's Criminal Case Compendium

About

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

Navigate using the table of contents to the left or by using the search box below. Use quotations for an exact phrase search. A search for multiple terms without quotations functions as an “or” search. Not sure where to start? The 5 minute video tutorial offers a guided tour of main features – Launch Tutorial (opens in new tab).

E.g., 10/26/2021
E.g., 10/26/2021

The automobile exception to the Fourth Amendment does not permit an officer, uninvited and without a warrant, to enter the curtilage of a home to search a vehicle parked there. Officer McCall saw the driver of an orange and black motorcycle with an extended frame commit a traffic infraction. The...

Pennsylvania State Troopers pulled over a car driven by Terrence Byrd. Byrd was the only person in the car. During the traffic stop the troopers learned that the car was rented and that Byrd was not listed on the rental agreement as an authorized driver. For this reason, the troopers told Byrd...

The government’s installation of a GPS tracking device on a vehicle and its use of that device to monitor the vehicle’s movements on public streets constitutes a “search” within the meaning of the Fourth Amendment. Suspecting that the defendant was involved in drug trafficking, the government...

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...

Arizona v. Gant, 556 U.S. 332 (Apr. 21, 2009)

Holding that officers may search a vehicle incident to arrest only if (1) the arrestee is unsecured and within reaching distance of the passenger compartment when the search is conducted; or (2) it is reasonable to believe that evidence relevant to the crime of arrest might be found in the...

State v. Lowe, 369 N.C. 360 (Dec. 21, 2016)

Reversing the Court of Appeals, the court held that a search of a vehicle located on the premises was within the scope of the warrant. The vehicle in question was parked in the curtilage of the residence and was a rental car of the defendant, an overnight guest at the house. If a search warrant...

State v. Mbacke, 365 N.C. 403 (Jan. 27, 2012)

The court reversed the court of appeals and determined that a search of the defendant’s vehicle incident to his arrest for carrying a concealed gun did not violate the Fourth Amendment. The defendant was indicted for, among other things, trafficking in cocaine and carrying a concealed gun....

In this Cabarrus County case, the defendant was convicted of two counts of felony possession of Schedule I controlled substance and having attained habitual felon status. The charges arose from substances recovered from the vehicle defendant was driving when he was stopped for failing to wear...

In this case in which the defendant was convicted of drug trafficking and related charges, the court held that although the trial court erred by finding that a vehicle was within the curtilage of the defendant’s residence, it properly found that officers had probable cause to search the vehicle...

The court rejected the defendant’s claim that counsel was ineffective by failing to object to the admission of cocaine found during an officer’s warrantless search of the defendant’s vehicle; the court rejected the defendant’s argument that the State was required to prove that the defendant’s...

After the defendant’s arrest for impaired driving, officers properly searched his vehicle as a search incident to arrest. Applying Arizona v. Gant, the court found that the officer had a reasonable basis to believe that evidence of impaired driving might be found in the vehicle. The...

A search of the defendant’s vehicle was properly done incident to the defendant’s arrest for an open container offense, where the officer had probable cause to arrest before the search even though the formal arrest did not occur until after the search was completed. The court noted that under...

Although a search of the defendant’s vehicle was not proper under Gant, it was authorized under the automobile exception where officers had probable cause that the vehicle contained marijuana. After officers saw a vehicle execute a three-point turn in the middle of an intersection,...

The discovery of marijuana on a passenger provided probable cause to search a vehicle. After stopping the defendant and determining that the defendant had a revoked license, the officer told the defendant that the officer’s K-9 dog would walk around the vehicle. At that point, the defendant...

The search of a vehicle driven by the defendant was valid under Gant as incident to the arrest of the defendant’s passenger for possession of drug paraphernalia. Officers had a reasonable belief that evidence relevant to the passenger’s possession of drug paraphernalia might be found in...

Although the search of the defendant’s vehicle was not valid as one incident to arrest under Gant, it was a valid consent search.

State v. Foy, 208 N.C. App. 562 (Dec. 21, 2010)

The trial court erred by suppressing evidence obtained pursuant to a search incident to arrest. After stopping the defendant’s vehicle, an officer decided not to charge him with impaired driving but to allow the defendant to have someone pick him up. The defendant consented to the officer to...

The defendant’s Fourth Amendment rights were violated when the police searched his vehicle incident to his arrest for driving with a revoked driver’s license. Under Gant (discussed above), the officers could not reasonably have believed that evidence of the defendant’s driving...

A search of a tire found in the undercarriage of the defendant’s vehicle was proper. An officer stopped the defendant for following too closely. The officer asked for and received consent to search the vehicle. During the consent search, the officer performed a “ping test” on a tire found inside...

A search of a tire found in the undercarriage of the defendant’s vehicle was proper. An officer stopped the defendant for following too closely. The officer asked for and received consent to search the vehicle. During the consent search, the officer performed a “ping test” on a tire found inside...

Standing alone, the defendant’s statement that a plastic bag in his car contained “cigar guts” did not establish probable cause to search the defendant’s vehicle. Although the officer testified that gutted cigars had become a popular means of consuming controlled substances, that evidence...

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

Applying Gant (discussed immediately above) and holding that the trial court erred by denying the defendant’s motion to suppress evidence (papers) obtained during a warrantless search of his vehicle subsequent to his arrest for driving with an expired registration and failing to notify...

Show Table of Contents