Smith's Criminal Case Compendium

This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.

Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.

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State v. Rowdy, COA24-64, ___ N.C. App. ___ 2024-10-15

Arrest, Search, and Investigation > Arrests & Investigatory Stops > Stops > Frisk

Arrest, Search, and Investigation > Plain Smell

Arrest, Search, and Investigation > Searches > Of Vehicles > Automobile Exception

Arrest, Search, and Investigation > Searches > Of Vehicles > Generally

In this Forsyth County case, defendant appealed his conviction for carrying a concealed weapon, arguing error in denying his motion to suppress a search of his vehicle because the officers lacked probable cause. The Court of Appeals disagreed, finding no error.

In July of 2020, a Forsyth...

State v. Schiene, ___ N.C. App. ___ 2024-10-01

Arrest, Search, and Investigation > Plain Smell

Arrest, Search, and Investigation > Searches > Of Vehicles > Automobile Exception

In this Mecklenburg County case, defendant appealed after entering a guilty plea to possession of a firearm by a felon and felonious possession of a stolen firearm, arguing error in denying his motion to suppress evidence seized from his vehicle due to the indistinguishable odor of legal hemp...

State v. Little, COA23-410, ___ N.C. App. ___ 2024-09-03

Arrest, Search, and Investigation > Plain Smell

Arrest, Search, and Investigation > Plain View

Arrest, Search, and Investigation > Searches > Of Vehicles > Automobile Exception

Criminal Offenses > Drug Offenses > Proof the Substance is a Controlled Substance

In this Hoke County case, defendant appealed the denial of his motion to suppress the evidence seized after a traffic stop, arguing the odor and appearance of marijuana did not support probable cause to search his vehicle. The Court of Appeals disagreed, affirming the denial.

In May of...

State v. Dobson, COA23-568, ___ N.C. App. ___ 2024-04-16

Arrest, Search, and Investigation > Plain Smell

Arrest, Search, and Investigation > Searches > Of Vehicles > Generally

In this Guilford County case, defendant appealed after his guilty pleas to possession of a firearm by a felon and carrying a concealed firearm, arguing error in denying his motion to suppress because the smell of marijuana could not support probable cause. The Court of Appeals disagreed, finding...

State v. Parker, 2022-NCCOA-655, ___ N.C. App. ___ 2022-10-04

Arrest, Search, and Investigation > Plain Smell

Arrest, Search, and Investigation > Searches > Of Vehicles > Automobile Exception

In this Guilford County case, defendant appealed his attempted heroin trafficking and possession of a firearm convictions pursuant to a plea agreement that preserved his right to appeal the denial of his motion to suppress. The Court of Appeals affirmed the denial of defendant’s motion.

...

State v. Stover, 200 N.C. App. 506 2009-11-03

Arrest, Search, and Investigation > Plain Smell

Officers had probable cause to enter a home and do a protective sweep when an informant told them that she bought marijuana at the house and, as they approached the house for a knock and talk, they detected a strong odor of marijuana.

State v. Corpening, 200 N.C. App. 311 2009-10-06

Arrest, Search, and Investigation > Plain Smell

The plain smell of marijuana emanating from the defendant’s vehicle provided sufficient probable cause to support a search.

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