Arrest, Search, and Investigation in North Carolina Fourth Edition 2011 Robert L. Farb The School of Government at the University of North Michael R. Smith, Dean Carolina at Chapel Hill works to improve the lives of Thomas H. Thornburg, Senior Associate Dean North Carolinians by engaging in practical scholarship Frayda S. Bluestein, Associate Dean for Faculty Development that helps public officials and citizens understand and Todd A. Nicolet, Associate Dean for Operations improve state and local government. Established in 1931 Ann Cary Simpson, Associate Dean for Development as the Institute of Government, the School provides Bradley G. Volk, Associate Dean for Administration educational, advisory, and research services for state and local governments. The School of Government is FACULTY also home to a nationally ranked graduate program in public administration and specialized centers focused on Gregory S. Allison Christopher B. 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Smith Daily Bulletin, which reports on the day’s activities for Cheryl Daniels Howell Carl W. Stenberg III members of the legislature and others who need to follow Jeffrey A. Hughes John B. Stephens the course of legislation. Willow S. Jacobson Charles Szypszak Robert P. Joyce Shannon H. Tufts The Master of Public Administration Program is a full- Kenneth L. Joyner Vaughn Upshaw time, two-year program that serves up to sixty students Diane M. Juffras Aimee N. Wall annually. It consistently ranks among the best public Dona G. Lewandowski Jeffrey B. Welty administration graduate programs in the country, James M. Markham Richard B. Whisnant particularly in city management. With courses ranging Janet Mason Gordon P. Whitaker from public policy analysis to ethics and management, the program educates leaders for local, state, and federal governments and nonprofit organizations. 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Printed on recycled paper For Bonnie, Debbie, Jessica, Kevin, and Daphne Contents Preface xix Chapter 5 Interrogation and Confessions, Chapter 1 Lineups and Other Identification Procedures, and Undercover Officers An Introduction to Constitutional Law and Informants 527 and North Carolina Criminal Law and Procedure 1 Chapter 5 Appendix: Case Summaries 567 Chapter 2 Chapter 6 Law of Arrest and Investigative Rules of Evidence Stops 11 in Criminal Cases 671 Chapter 2 Appendix: Case Summaries 83 Index of Cases in the Case Chapter 3 Summaries 691 Law of Search and Seizure 171 Chapter 3 Appendix: Case Summaries 239 Subject Index 713 Chapter 4 Search Warrants, Administrative Inspection Warrants, and Nontestimonial Identification Orders 357 Chapter 4 Appendix: Case Summaries 437 Contents Preface xix Territorial Jurisdiction 14 State law enforcement officers 14 Local alcohol beverage control officers 14 Sheriffs, deputy sheriffs, and county police officers 14 City law enforcement officers 15 Chapter 1 Company police officers 15 The University of North Carolina campus An Introduction to Constitutional Law law enforcement officers 15 and North Carolina Criminal Law and Community college campus law enforcement officers 16 Procedure 1 Private nonprofit college campus Sources of Criminal Law 3 police officers 16 Statutes 3 Expanded Territorial Jurisdiction for DWI-Related Offenses 16 Common Law 4 Arrest after Continuous Flight (Hot Pursuit) 17 City and County Ordinances 4 Hot pursuit within the state 17 Constitutional Restrictions on Hot pursuit outside the state 17 Enactment of Criminal Laws 4 Subject-Matter Jurisdiction 17 Constitutional and Statutory Restrictions State Highway Patrol officers 18 on an Officer’s Authority 4 State Bureau of Investigation agents 18 Constitutional Restrictions 5 Alcohol law enforcement agents 18 United States Constitution 5 Officers who specialize in enforcing North Carolina Constitution 6 motor vehicle laws 18 Statutory Restrictions 6 Wildlife law enforcement officers 18 Criminal Pretrial and Trial Procedure 6 Marine fisheries enforcement officers 18 Misdemeanors and Infractions 6 Sheriffs, deputy sheriffs, and county police officers 18 Felonies 7 Local alcohol beverage control officers 18 Appellate Review 8 City law enforcement officers 18 Company police officers 19 Campus law enforcement officers 19 Probation and parole officers 19 Special Jurisdictional Issues 19 Chapter 2 Violations of federal laws 19 Immigration enforcement by North Carolina Law of Arrest and law enforcement officers 19 Desertion and AWOL 20 Investigative Stops 11 Areas controlled by the federal government 20 Introduction 13 Offenses that occur in other states (extradition) 22 Jurisdiction 14 Foreign diplomats 23 Federal officers and North Carolina’s Limits on Law Enforcement Officers’ Jurisdiction 14 criminal laws 23 viii | Contents Expanded Jurisdiction through Custody without Probable Cause 51 Cooperating Law Enforcement Agencies 23 The Arrest Warrant and Expanded Jurisdiction through Emergency Other Criminal Process 51 Management Assistance Compact 24 Criminal Process 51 Private Person’s Authority to Detain 24 Arrest Warrant 51 Legal Standards 25 Paperwork 52 Introduction 25 Issuance and content 53 Objective Standard 26 Validity of warrant 54 Investigative Stop or Arrest 26 Criminal Summons 55 Determination Made at the Time of Citation 55 the Arrest or Investigative Stop 27 Order for Arrest 57 The Authority to Make an Investigative Restriction on Obscenity Offenses 57 Stop: Reasonable Suspicion 27 Arrest without a Warrant Definition 28 or Order for Arrest 57 Determination of Reasonable Suspicion 28 Warrant or Order for Arrest Has Been Issued 58 Hearsay evidence 29 Felony 58 Collective knowledge of officers 29 Misdemeanor 58 Appellate Court Cases on Reasonable Suspicion 29 General Rules 58 The Authority to Arrest: Probable Cause 36 “In [the officer’s] presence” 59 Definition 37 “Will not be apprehended unless Determination of Probable Cause 37 immediately arrested” 59 With or without an arrest warrant 37 “May cause physical injury to himself Hearsay evidence 37 [or herself] or others” 60 Collective knowledge of officers 38 “May damage property” 60 Appellate Court Cases on Probable Cause 38 Arrest of a Resident of a Reciprocal State 60 Pretextual Arrest, Investigative Stop, or Search 41 Delay in Making a Warrantless Misdemeanor Arrest 60 Mandatory Duty to Arrest for Violation of Pretrial Release Order 60 Domestic Violence Offense 42 Escape from Arrest 60 Special Aspects of Stopping Authority 43 Probation, Parole, or Post-Release Investigative Stop Based on Reasonable Suspicion 43 Supervision Violation 61 Length of Time Allowed for an Investigative Stop 43 Taking Custody of Juveniles for Officer’s interaction with suspect after Delinquent Acts and Other Matters 61 investigative stop is completed 44 The Arrest Procedure 62 Officer’s questions affecting length of Use of Force 62 time of investigative stop 45 Generally 62 Scope of Investigative Stop: Investigative Resistance or Flight from Arrest 63 Techniques 45 Escape of Convicted Felon from Custody 64 Ordering driver and passengers out of vehicle 45 Assistance from Private People 64 Using force 45 Notice of Authority 65 Questioning 46 Before Stopping a Vehicle 65 Moving or handcuffing a suspect for safety or security reasons 46 When an Arrest Is Made 65 Using identification procedures 46 Before Entering a Dwelling 65 Using drug dog 47 Entering Premises to Arrest 66 Checking Division of Criminal Information Entering Defendant’s Home or Other Place of or other information source 47 Residence without Consent or Exigent Checking driver’s license and other information Circumstances 66 during a vehicle traffic stop 47 Entering a Third Party’s Home without Frisk after an Investigative