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NC Court of Appeals re-affirms Protection of Privacy in a Home's "Curtilage" and Suppresses Marijuana

Posted by Sean Cecil | Apr 19, 2017 | 0 Comments

Review of two recent North Carolina Appellate decisions, one regarding insufficient evidence to convict the accused of constructive possession and one about suppression of marijuana evidence discovered through a violation of the accused's 4th Amendment right to be free of warrantless searches in the absence of probable cause AND exigent circumstances.

New Overtime Rules Published!

Posted by Sean Cecil | May 19, 2016 | 0 Comments

The new overtime rule issued by the Dept. of Labor requires that salaried employees who are deemed to be exempt from the Fair Labor Standards Act overtime requirement be paid a living wage.

Felony Larceny by Removing Anti-Shoplifting Device

Posted by Sean Cecil | Feb 12, 2016 | 0 Comments

Under North Carolina General Statute Sect. 14-72.11(2), a person is guilty of a Class H felony if the person commits larceny against a merchant "by removing, destroying, or deactivating a component of an antishoplifting or inventory control device to prevent the activation of any antishoplifting or inventory control device.

North Carolina Criminal Law: Two Marijuana-related Convictions Reversed by Court of Appeals

Posted by Sean Cecil | Jan 20, 2016 | 0 Comments

The North Carolina Court of Appeals reversed two convictions of maintaining a building or vehicle for drug purposes, citing insufficient evidence. This is an important case defining what the crime is not, and should provide guidance for prosecutors and defense attorneys who have to deal with these allegations which are often used as bargaining chips to convince defendants to plead guilty to other crimes in a plea bargain.

NC Criminal Law: Appellate Court Rules Search Warrant Invalid

Posted by Sean Cecil | Jan 13, 2016 | 0 Comments

The North Carolina Court of Appeals recently affirmed a trial court's ruling that a magistrate-issued warrant for the search of a home was not supported by probable cause to believe that drugs would be found in that particular home and that the evidence found in the home was the "fruit of the poisonous tree" and could not be used against the defendants in support of criminal charges.

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