Under U.S. v. Leon, 468 U.S. 897 (1984), when an officer reasonably relies on a search warrant issued by neutral and impartial magistrate, evidence seized pursuant to the search warrant need not be suppressed even if the search warrant is later determined to be invalid under the Fourth Amendment of the U.S. Constitution. Id. at 912. Under State v. Carter, 322 N.C. 709 (1988), the same was not true for violations of Article 1, Sec. 20 of the North Carolina...
NC Criminal Law
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A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.
If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
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