Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Criminal Offenses
Drug Offenses
State v. Battle, 202 N.C. App. 376 (Feb. 16, 2010)
A roadside strip search was unreasonable. The search was a strip search, even though the defendant’s pants and underwear were not completely removed or lowered. Although the officer made an effort to shield the defendant from view, the search was a “roadside” strip search, distinguished from a private one. Roadside strip searches require probable cause and exigent circumstances, and no exigent circumstances existed here. Note that although a majority of the three-judge panel agreed that the strip search was unconstitutional, a majority did not agree as to why this was so.