The Supreme Court decided several major cases in its recently-concluded Term, but for people interested in the Fourth Amendment, the most anticipated was United States v. Chatrie, __ U.S. __ (June 29, 2026), a case about so-called geofence warrants. We already knew, from Carpenter v. United States, 585 U.S. 296 (2018), that police conduct a...
NC Criminal Law
on Monday, July 13th, 2026
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The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
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.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
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