NCJ Number
113126
Date Published
1986
Length
445 pages
Annotation
This text provides an overview of statutory and case law governing criminal procedures in arrest, search, and investigation in North Carolina.
Abstract
Sources of criminal law are reviewed, and constitutional and statutory legal limitations on police authority are discussed. Criminal pretrial, trial, and appellate review procedures also are examined. Laws governing arrest are considered with respect to jurisdiction, legal standards, and special aspects of stopping authority. Arrest with and without warrant are discussed, and arrest and custody procedures are delineated, including entry, notification, and search and investigation incident to an arrest or stop. Search and seizure law is considered with respect to observations and actions not violative of fourth amendment rights (e.g., those involving abandoned property or plain view observations) and those conducted with consent. Grounds constituting sufficient reason to invade privacy during search or seizure also are outlined. Grounds and procedures for obtaining and executing search and administrative inspection warrants and nontestimonial identification orders are described, with focus on showing of probable cause. Laws of investigation cover interrogation and confessions, including Miranda rights and sixth amendment rights; lineups and other identification procedures; use of undercover agents and informants, and the chain of custody and admission of evidence at trial. Case summaries, descriptive word and case indexes, and chapter footnotes.