×
You've used up your 3 free articles for this month. Subscribe today.
North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle
by Anthony W. Accurso
The Supreme Court of North Carolina held that the warrantless search of a disabled vehicle was not reasonable when officers had the authority to arrest the driver but failed to do so because he fled the scene.
McDowell County Deputy Jesse Hicks and …
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Understanding Fusion Centers, by Michael Thompson
- LexisNexis Aids Customs and Border Patrol to Flaunt Fourth Amendment, by Anthony Accurso
- Unconscious Bias: Facial Features Can Influence Life-or-Death Decisions in Verdicts, by Jo Ellen Nott
- Lung Float Test: Junk Science Used to Convict Women of Murder, by David Reutter
- Watchlisted: You’re Probably Already on a Government Extremism List, by John W. Whitehead, Nisha Whitehead
- Studying Ant Bites on Cadavers May Advance Criminal Investigations, by Douglas Ankney
- Illinois Supreme Court Announces § 9-1.2(d) Sets Range of Sentences for Intentional Homicide of Unborn Child but Does Not Convert Offense Into Murder for Life-Sentence Enhancement, by Douglas Ankney
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, by Douglas Ankney
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, by Matthew Clarke
- Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant, by Anthony Accurso
- Audit Finds LAPD’s Frivolous Use of Helicopters Flunks Cost/Benefit Analysis, by Douglas Ankney
- The Supreme Court’s Forensic Follies, by Michael Thompson
- Texas Court of Criminal Appeals Announces Correct Computation of Time for Purposes of Determining When Statute of Limitations Has Run for Returning Indictment, by Douglas Ankney
- Research Paper Reveals Laypeople Have Insufficient Understanding of False Confessions by Examining Prior Research Based on Surveys and Mock Juries, by David Reutter
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6, by David Reutter
- Preliminary Analysis of Recidivism Data After Three Years Under First Step Act Is Promising but Inconclusive, by Jo Ellen Nott
- Interactive Lineups Are a Promising New Tool to Improve Accuracy of Suspect Identification by Eyewitnesses, by Jo Ellen Nott
- New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations, by Anthony Accurso
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, by Richard Resch
- First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’, by Douglas Ankney
- The Potential for Soil Dust Analysis in Forensics, by Anthony Accurso
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, by David Reutter
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, by Matthew Clarke
- ‘How The Government Created a Terrorist’: FBI-Manufactured Crimes Reveal Urgent Need for Reforms, by Douglas Ankney
- Minnesota Supreme Court Holds Prosecutor’s Repeated Statements During Closing Arguments That Defendant ‘No Longer Has Presumption of Innocence’ Constitutes Plain Error, Requiring a New Trial, by David Reutter
- Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed, by Douglas Ankney
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, by Richard Resch
- Foundations of Firearms Audio Forensics Built by Dr. Robert Maher Will Continue to Be Important Forensic Tool as More Recording Devices Are Present at Crime Scenes, by Jo Ellen Nott
- Amazon Ring Curbs Police Access to Doorbell Camera Footage—But Privacy Concerns Remain, by Jo Ellen Nott
- Suspicion of Government Surveillance Increasing, by Anthony Accurso
- FBI Searches of NSA Data Extended Until April, Despite Admission of Unconstitutionality, by Anthony Accurso
- Cops’ Sky-High Hopes, by Michael Thompson
- DEA and Police Use Pretense of Consent Searches to Effectively Steal Cash From Airport Travelers, by Anthony Accurso
- A Legal Argument Against Government Purchase of Location Data, by Anthony Accurso
- North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle, by Anthony Accurso
- Cops Just Love Secret Metadata Collection, by Michael Thompson
- News in Brief
More from Anthony Accurso:
- The Systematic Terror of Rankin County’s “Goon Squad”, May 1, 2026
- Virginia Prisoners Stuck Waiting for Education Programs, Feb. 1, 2026
- $939,000 for Nevada Prisoner Left in Wheelchair by Delayed Back Pain Treatment, Jan. 1, 2026
- Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, Dec. 15, 2025
- America’s Deadliest Jails: Tarrant County Edition, Nov. 1, 2025
- Seventh Circuit Dismisses Jail Detainee Suicide Case for Lack of Showing Deliberate Indifference, Nov. 1, 2025
- Protecting Your Digital Privacy, Oct. 15, 2025
- Idaho Supreme Court Announces Warrantless Search of Civilly Committed Individual Violates Fourth Amendment, Oct. 15, 2025
- Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant, Oct. 15, 2025
- Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions”, Oct. 15, 2025
More from these topics:
- California Court of Appeal: Vehicle Impoundment Solely to Prevent Further Unlicensed Driving Does Not Satisfy Fourth Amendment’s Community Caretaking Exception; Statutory Authorization Alone Insufficient to Establish Constitutional Reasonableness, June 1, 2026. Warrantless Searches, Motions To Suppress, Searches - Inventory, Community Caretaking Exception/Doctrine, Seizure.
- Fifth Circuit Announces Long Vehicle Protective-Search Exception Requires Contemporaneous Facts Demonstrating Third Party’s Potential Dangerousness Before Warrantless Vehicle Search Is Permissible, March 1, 2026. Warrantless Searches, Exception to Warrant Requirement, Motions To Suppress, Searches - Automobile, Reasonable Suspicion.
- New Jersey Supreme Court: Parked Vehicle in Police Parking Lot Not Subject to Warrantless Search Under Automobile Exception Where None of the Exigencies Justifying Exception Under State Constitution Present, Nov. 15, 2025. Exigent Circumstances, Warrantless Searches, Automobile Exception, Exception to Warrant Requirement, State Constitutional Claims.
- Michigan Supreme Court Announces Smell of Marijuana Alone Is No Longer Sufficient to Establish Probable Cause to Search Vehicle, Oct. 15, 2025. Probable Cause, Automobile Exception, Plain View Doctrine, Marijuana Laws/Issues, Terry Stops.
- Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant, Aug. 1, 2025. Computer Searches, Search warrants, Warrants, Immediate Control.
- Colorado Supreme Court Announces Police Facilitating Drug-Detection Dog’s Entry Into Vehicle by Opening Door During Traffic Stop Without Probable Cause Is Unconstitutional Search in Violation of Fourth Amendment, July 1, 2025. Fourth Amendment, rights, Drug-Sniffing Dog, Automobile Searches/Seizures.
- $100,000 Settlement Reached For Tennessee Detainee Baptized to Get Out of Traffic Ticket, June 1, 2025. Arrestee Searches, Religious Freedom, Automobile Searches/Seizures.
- Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment, May 15, 2025. Emergency Aid Doctrine, Exception to Warrant Requirement, Arrest Incident to Search, Motions To Suppress, Dwellings, Searches - Plain View, State Constitutional Claims, Fruit of the Poisonous Tree, Illegal Search.
- Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception, Feb. 15, 2024. Probable/Proximate Cause, Searches - Automobile.
- Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby, Feb. 15, 2024. Third-party Consent, Searches - Automobile, Rental; Cars, Privacy Right, Third Party Consent.





