Since a valid search warrant had been issued to search defendant’s person, an officer could conduct a traffic stop without violating the Fourth Amendment; the stop was initiated to effectuate service of the search warrant. We find no error in ...

Tagged with: search & seizure

State v. Allman (Lawyers Weekly No. 010-016-17, 11 pp.) (Mark Martin, C.J.) Appealed from New Hanover County Superior Court (Jack Jenkins, J.) On appeal from the Court of Appeals. N.C. S. Ct. Holding: Where an affidavit for a warrant to ...

Tagged with: search & seizure

State v. Brown (Lawyers Weekly No. 011-208-16, 13 pp.) (Linda Stephens, J.) Appealed from Gaston County Superior Court (Jesse Caldwell III, J.) N.C. App. Holding: An officer’s affidavit in support of a search warrant application says only that, within the ...

Tagged with: search & seizure

State v. Bedient (Lawyers Weekly No. 011-160-16, 22 pp.) (Martha Geer, J.) Appealed from Jackson County Superior Court (Bradley Letts, J.) N.C. App. Holding: Defendant’s nervousness and her association with a known drug dealer did not justify a police officer’s ...

Tagged with: search & seizure

Holding: Although defendants hotly contest plaintiff Rhodes’ story, there is a material issue of genuine fact as to whether defendants used excessive force based on Rhodes’ version of events, leading to Rhodes’ injury during a search for stolen goods.

Tagged with: Civil Rights search & seizure

State v. Lowe (Lawyers Weekly No. 15-07-0727, 19 pp.) (Lucy Inman, J.) Appealed from Wake County Superior Court (Reuben Young, J.) N.C. App. Holding: A warrant to search a home did not permit officers to search the car of an ...

Tagged with: search & seizure

State v. Leak (Lawyers Weekly No. 15-07-0553, 18 pp.) (Sanford Steelman Jr., J.) (Douglas McCullough, J., dissenting) Appealed from Anson County Superior Court (Mark Klass, J.) N.C. App. Holding: Since an investigating officer had no suspicion of criminal activity after ...

Tagged with: search & seizure traffic stop

State v. McKnight (Lawyers Weekly No. 15-07-0088, 30 pp.) (Linda Stephens, J.) Appealed from Wake County Superior Court (R. Allen Baddour, J.) N.C. App. Holding: Since there was no competent evidence that defendant realized his vehicle was being followed by ...

Tagged with: search & seizure

State v. Benters (Lawyers Weekly No. 14-06-1188, 31 pp.) (Cheri Beasley, J.) (Paul Newby, J., dissenting) Appealed from Vance County Superior Court (Carl Fox, J.) On appeal from the Court of Appeals. N.C. S. Ct. Holding: Even though a power ...

Tagged with: search & seizure

In re T.A.S. Where our Court of Appeals held that the “bra lift” search of a student was unreasonable, that opinion is vacated. We remand to the trial court for additional findings including but not necessarily limited to the names, occupations, genders, and involvement of all the individuals physically present at the “bra lift” search of the student; whether the student was advised before the search of the school’s “no penalty” policy; and whether the “bra lift” search of the student qualified as a “more intrusive” search under the school’s Safe School Plan.

Tagged with: Criminal Practice search & seizure Strip Search