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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.

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.

4th Circuit: Evidence Suppressed because Police Detained Suspect Without Reasonable Suspicion of Criminal Activity

Posted by Sean Cecil | Oct 28, 2015 | 0 Comments

The exclusionary rule prevents the government from  presenting evidence in a criminal case that is tainted by a violation of the suspect/defendant's constitutional rights. A recent 4th Circuit Appellate concluded that drug evidence should have been suppressed under the exclusionary rule because the police seized the defendant without a reasonable suspicion that he was engaged in criminal behavior. This article explores the case and the law behind the Court's ruling.

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