Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Bursell, 258 N.C.App. 527, 813 S.E.2d 463 (Mar. 20, 2018)
aff’d in part, rev’d in part, 258 N.C.App. 527, 813 S.E.2d 463 (May. 10, 2019)
On an appeal from an order requiring the defendant to enroll in lifetime SBM, the court held--as conceded by the State--that the trial court erred by imposing lifetime SBM without conducting the required Grady hearing to determine whether monitoring would amount to a reasonable search under the Fourth Amendment. The court vacated the SBM order without prejudice to the State’s ability to file a subsequent SBM application.