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.

Instructions

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E.g., 11/30/2022
E.g., 11/30/2022

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. 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....

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...

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...

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...

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