The Court of Appeals held that unscientific "training and experience" testimony regarding the identity of alleged marijuana was not reversible error under the "plain error" test used to examine admission of evidence when there is no objection.
With the legalization of hemp came the question of under what circumstances the odor or appearance of cannabis, indistinguishable from hemp, would form probable cause to search a vehicle, home, or person. A recent North Carolina Court of Appeals case provides a little guidance.
The Fourth Circuit recently ruled that evidence discovered in the backpack of a North Carolina criminal suspect must be suppressed because the warrantless search was not made lawful under any of the exceptions to the search warrant requirement.
Cell phone searches are increasingly common, and incredibly intrusive. This brief article explores a recent 5th Circuit Court of Appeals decision ruling a search warrant for a cell phone was unconstitutionally broad because it did not limit the search to the type of data that would be responsive to the probable cause described the search warrant allowing the search.
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.
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.
