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NC leaves open possibility its state exclusionary rule may be differently applied

By John Wesley Hall, Jr.

“There is disagreement over whether there is such an exception to the North Carolina Constitution. Thus, it is possible that evidence not excluded by the federal constitution might be excluded by the North Carolina Constitution.” Here, however, that question cannot be resolved. State v. Banner, 2010 N.C. App. LEXIS 2012 (November 2, 2010).* Defendant was being followed by a car and he pulled into a driveway to let the car pass. The driveway, however, was that of a police officer coincidentally following him on his way home, and the driveway was the police officer’s house. The officer was acting as a private person when the stop occurred and defendant was found under the influence. State v. Young, 2010 VT 97, 2010 Vt. LEXIS 94 (October 29, 2010)...continue to full post

Full post as published by Fourth Amendment on November 05, 2010 (boomark / email).