U.S. v. McKenzie-Gude Although a search warrant application did not specifically connect defendant to the residence to be searched, police had obtained extensive detail from a woman whose nephew shared defendant’s strong interest in acquiring weapons and explosives, and who confiscated from her nephew’s bedroom chemicals and their safety data sheets, and reported her nephew’s statement that defendant had brought an AK-47 to her home.

Tagged with: Criminal Practice Good-Faith Exception search & seizure

As Rep. Paul Stam, R-Wake, sees it, an injustice to the people of North Carolina has been righted with the passage of an act to provide for the adoption of the good-faith exception to the exclusionary rule into state law. "In some cases, a murderer, rapist or drug dealer will not go free. In other cases, like the victim in State v. Carter, an elderly rape victim won't have to testify twice because of an unjust suppression of evidence," Stam said. But Charlotte criminal defense attorney Bill Powers said the rationale for the exclusionary rule is not to protect guilty criminals.

Tagged with: Exclusionary Rule General Assembly Good-Faith Exception Legislature

The medical-malpractice reform bill backed by business interests and opposed by plaintiffs’ lawyers was quickly voted out of the Senate Judiciary I Committee last week. By a 36-13 vote, it passed the Senate and now goes to the House. The ...

Tagged with: Cell Phones Exclusionary Rule General Assembly Good-Faith Exception Judicial Elections Medical Malpractice

The effort to adopt the good-faith exception to the exclusionary rule has been given a jolt by House Majority Leader Paul Stam (pictured). Stam, R-Wake, introduced a bill to adopt the exception, and it passed the House last week in an 81-36 vote and is now in the Senate Judiciary Committee I. "The practical result [if the bill passes] is that in an unknown number of cases, murderers, rapists and drug dealers won't get off on a technicality. They will have to pay for their crimes," Stam said.

Tagged with: Criminal Practice Exclusionary Rule General Assembly Good-Faith Exception Legislature