Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
Smith's Criminal Case Compendium
About
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.
Instructions
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In this first-degree murder case, the defendant challenged (1) the validity of a search warrant for his home; (2) the trial court’s refusal to suppress electronic monitoring data from a GPS unit the defendant was wearing at the time of the offense; (3) the trial court’s refusal to allow...
This Carteret County drug case involved a challenge to a search warrant for the defendant’s home. A detective observed what he believed to be a drug transaction occur in a parking lot between a Jeep and another car. He knew the occupants of the Jeep and their address. The detective also knew...
On appeal from a decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 814 S.E.2d 855 (2018), the court per curiam affirmed. The Court of Appeals had held, over a dissent, that the search warrant of the defendant’s residence was supported by probable cause. The warrant was...
On appeal from a decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 791 S.E.2d 505 (2016), the court affirmed in a per curiam opinion. Over a dissent, the Court of Appeals had held that the search warrant was supported by sufficient probable cause. At issue was the...
Reversing the Court of Appeals, the court held that because the magistrate had a substantial basis to find that probable cause existed to issue the search warrant, the trial court erred by granting the defendant’s motion to suppress. The affidavit stated that an officer stopped a car driven by...
Affirming the Court of Appeals, the court held that a search warrant authorizing a search of the premises where the defendant was arrested was supported by probable cause. The affidavit stated that officers received an anonymous tip that Michael Turner was selling, using and storing narcotics at...
In this Columbus County case, defendant appealed his convictions for first-degree murder and robbery with a dangerous weapon, arguing (1) plain error in admitting tainted evidence obtained after an improper search, (2) ineffective assistance of counsel when his attorney failed to file motions to...
In this Durham County case, defendant appealed after he pleaded guilty to two counts of attempted drug trafficking after denial of his motion to suppress the results of a search warrant for lack of probable cause. The Court of Appeals found no error.
In April of 2019, Durham Police...
In this Henderson County case, defendant appealed after pleading guilty to injury to real property, felony breaking and entering, safecracking, and related offenses, arguing error in denying his motion to suppress because officers remained too long in the curtilage of his residence after an...
In this Vance County case, the state appealed from an order granting defendant’s motion to suppress evidence seized from his person and inside a house. The Court of Appeals reversed and remanded the matter to the trial court.
While attempting to arrest defendant for an outstanding warrant...
In this Johnson County Case, defendant appealed the denial of his motion to suppress evidence obtained from his cellphone. The Court of Appeals affirmed the trial court’s denial of defendant’s motion.
Defendant was convicted of burglary, robbery, kidnapping, conspiracy, and habitual felony...
An acquaintance of the defendant contacted the local police department about several posts made on a Facebook account with the defendant’s name. The department used screenshots of the Facebook posts to obtain an arrest warrant for communicating threats and later obtained a search warrant of the...
In this drug trafficking case, a warrant to search the defendant’s person and vehicle was supported by probable cause. After a three-month investigation prompted by a confidential informant’s tip that the defendant was dealing heroin, Detective Cole obtained a warrant to search the defendant’s...
In this felony counterfeit trademark goods case, the court held that a search warrant was supported by probable cause. A Special Agent obtained a search warrant to search the residence and vehicles at 13606 Coram Place in Charlotte, North Carolina. The affidavit indicated that the Agent had 26...
In this drug case, the court held that the affidavit provided sufficient probable cause for a search of the residence in question. The affidavit indicated that after the officer received an anonymous tip that drugs were being sold at the residence, he conducted a “refuse investigation” at the...
In this attempted murder and robbery case, a search warrant was supported by probable cause. On appeal, the defendant argued that the warrant lacked probable cause because a statement by a confidential informant provided the only basis to believe the evidence might be found at the premises in...
The trial court properly denied the defendant’s motion to suppress evidence seized during the executions of warrants to search his rental cabin and truck for stolen goods connected to a breaking and entering of a horse trailer. The defendant argued that the search warrant affidavit establish no...
In this sexual exploitation of a minor case, the information contained in an officer’s affidavit was sufficient to provide probable cause for issuance of a search warrant for child pornography. In this case, an officer and certified computer forensic examiner identified child pornography through...