N.C. Criminal Procedure

Question 1

N.C. Expectations of Privacy in Garbage

Answer 1

Under North Carolina law, garbage is not automatically considered held out to the public.

Factors to consider

1. where it is located?
2. how exposed to the public?
3. whether it has been picked up yet?

Question 2

North Carolina law adds an additional requirement to those required by the United States Supreme Court for a valid plain-view seizure.

Answer 2

Under North Carolina law, the discovery of the evidence must be:

1. officers lawfully positioned
2. criminal nature of the good is immediately apparent
3. discovery of plain view evidence is inadvertent

Question 3

How to execute a N.C. Search Warrant?

Answer 3

1. has to be done within 48 hours
2. day or night
3. warrant must be read to subject
4. subject must be given copy of the warrant and list of all items seized

Question 4

When is a search warrant void in N.C.?

Answer 4

if not executed within 48 hours of being issued

Question 5

In order to arrest without a warrant in North Carolina, law enforcement must have
(5)

Answer 5

probable cause to believe the person:

1. a felony has been committed
2. misdemeanor and looks like they will get away
3. misdemeanor if there is a risk of injury if not immediately arrested
4. shoplifting offense
5. domestic abuse offense

Question 6

non-testimonial identification order
What?
When does it apply?

Answer 6

A non-testimonial identification means identification by fingerprints, palm prints, footprints, measurements, blood specimens, urine specimens, saliva samples, hair samples, or other

1. only require reasonable suspicion
2. ≠ in custody

Question 7

If blood is sought from a person, must get?

Answer 7

Probable cause
+
a search warrant (unless the microbe will dissipate over time)

Question 8

Any statement given by a suspect during identification proceedings without counsel are

Answer 8

Inadmissible whether or not a warning was given

Question 9

North Carolina also requires that certain procedures be used in the identification procedure
(4)

Answer 9

1. must be a line up administrator who knows who the suspect is
2. only one suspect
3. witness must be told suspect may or may not be in lineup
4. witness must be told the investigation will continue no matter what.
5. if possible, lineup should be video-taped

Question 10

If there is a photo lineup how many fillers are needed? If it is a live lineup; how many fillers are needed?

Answer 10

5 for photo

4 for life

Question 11

If there is a live lineup and they are asked to perform, then

Answer 11

have to ask every person to do the performance

Question 12

N.C. Grand Jury Requirements

Answer 12

1. 18 people
2. need 12/18 to get an indictment
3. if refuses to indict, then dismissed without prejudice

Question 13

N.C. bail requirements

Answer 13

must set for pre-trial release

1. written promise
2. secured appearance bond
3. unsecured appearance bond
4. put in someone’s custody

Question 14

When are you not entitled to pre-trial release?

4

Answer 14

1. charged with capital offenses
2. mental patients
3. domestic violence ∆’s if dangerous can be held for (48 hours)
4. impaired drivers (up to 24 hours)

Question 15

When someone is arrested, what must the police do next?

Answer 15

1. be brought before a magistrate without unreasonable delay

Question 16

At their initial appearance in court, the accused must be advised of
(3)

if the arrest is without warrant:

Answer 16

1. charges
2. bail
3. right to communicate with counsel and friends

Magistrate has to determine if there is probable cause (anything)

Question 17

First Appearance in Felony Cases

(1) In felony cases where the defendant is arrested and not released, must

Answer 17

appear before a district court judge within 96 hours

Question 18

At a probable cause hearing, if ∆ wins, is the case dropped?

Answer 18

Maybe not, the π can still go to a grand jury and get an indictment

Question 19

The judge cannot reject a plea based, can reject based on?

Answer 19

1. on which charges are pled to or which are to be dismissed.
2. can reject sentence recommendation

Question 20

If judge rejects plea bargain, judge must

Answer 20

grant a continuance

Question 21

A no-contest plea can only be given with

Answer 21

consent of prosecutor and judge

Question 22

Right to a speedy trial in N.C.

Answer 22

once making a request in writing, has 6 months to start trial

Question 23

In discovery state must provide the defense with:

Answer 23

1. all ∆’s statements

2. expert witnesses to call

Question 24

the defense need only provide discovery to the state

Answer 24

when defense has opened the categories in

(a) documents and tangible objects;
(b) reports of examinations or tests:
(c) physical evidence or samples; and
(d) witnesses.

Question 25

Failure to comply with discovery request

Answer 25

does not result in a dismissal

Question 26

NC Jury requirement

Answer 26

12 jurors and a unanimous verdict are required

Question 27

Victim impact statement has the right

Answer 27

to make a statement about the impact of the crime

Question 28

A ∆ who is convicted in district court can appeal to

Answer 28

superior trial de novo for a jury trial

Question 29

On appeal, A violation of the defendant’s rights under the U.S. Constitution is prejudicial unless:

Answer 29

it is found harmless beyond a reasonable doubt

Question 30

Most N.C. criminal procedure is

Answer 30

driven by U.S. constitutional law