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Channel: Bob Farb – North Carolina Criminal Law
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Fourth Circuit Sets Out Authority to Frisk When a State’s Law Permits...

The Fourth Circuit Court of Appeals, on a rehearing of a case en banc, held in United States v. Robinson, 2017 WL 280727 (Jan. 23, 2017), that an officer had the authority to conduct a frisk of a...

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North Carolina Supreme Court Rules That Juvenile’s Request to Call Mother...

Two months ago, the North Carolina Supreme Court in State v. Saldierna, ___ N.C. ___, 794 S.E.2d (Dec. 21, 2016), reversed the North Carolina Court of Appeals, State v. Saldierna, ___ N.C. App. ___,...

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Fourth Circuit Court of Appeals Rules That an Officer Was Not Entitled to...

The Fourth Circuit Court of Appeals recently ruled (2-1) in Smith v. Munday, 848 F.3d 248 (4th Cir. Feb. 3, 2017), that a North Carolina officer was not entitled to summary judgment in a civil lawsuit...

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When Does a Seizure Occur When an Officer’s Vehicle Displays Emergency Lights...

Jeff Welty wrote a post in 2010 on when a seizure occurs after an officer operates emergency lights to order a driver to stop his or her vehicle. This post updates his post by summarizing the...

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Status of North Carolina Court of Appeals Cases Before the North Carolina...

In Rodriguez v. United States, 135 S. Ct. 1609 (2015), the United States Supreme Court significantly limited the scope of a traffic stop. It is almost exactly two years since the ruling, and appellate...

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Hot Pursuit of a Suspect Within and Outside North Carolina

This post reviews what is commonly known as “hot pursuit” of a suspect to make an arrest outside an officer’s territorial jurisdiction. Note, however, that the actual term in G.S. 15A-402(d) is the...

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The Inevitable Discovery Exception to the Exclusionary Rule under the United...

Two important exceptions to exclusionary rules under the federal constitution were adopted by the United States Supreme Court within a month of each other in 1984: (1) the inevitable discovery...

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The Independent Source Exception to the Exclusionary Rule under the United...

I discussed the inevitable discovery exception in my last post. This post will discuss the independent source exception, particularly the United States Supreme Court cases of Segura v. United States,...

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North Carolina Statutory Requirements Concerning How to Conduct Lineups and...

Live and photo lineups and show-ups implicate constitutional and statutory requirements. This post will focus on the statutory requirements. For constitutional requirements, see pages 594-98 in Arrest,...

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Announcing My Retirement

After 41 years with the School of Government (formerly, the Institute of Government), I will retire on June 30. It has been my privilege to serve those who work in North Carolina’s criminal justice...

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