{"id":4857,"date":"2012-08-25T12:50:42","date_gmt":"2010-11-05T06:33:57","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-11-05T06:33:57","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=4857","title":{"rendered":"NC leaves open possibility its state exclusionary rule may be differently applied"},"content":{"rendered":"<p>\u201cThere is disagreement over whether there is such an exception to the North Carolina Constitution. Thus, it is possible that evidence not excluded by the federal constitution might be excluded by the North Carolina Constitution.\u201d Here, however, that question cannot be resolved. <a href=\"http:\/\/www.aoc.state.nc.us\/www\/public\/coa\/opinions\/2010\/pdf\/100123-1.pdf\">State v. Banner<\/a>, 207 N.C. App. 729, 701 S.E.2d 355 (2010).*<\/p>\n<p>Defendant was being followed by a car and he pulled into a driveway to let the car pass. The driveway, however, was that of a police officer coincidentally following him on his way home, and the driveway was the police officer\u2019s house. The officer was acting as a private person when the stop occurred and defendant was found under the influence. <a href=\"http:\/\/info.libraries.vermont.gov\/supct\/current\/op2009-252.html\">State v. Young<\/a>, 2010 VT 97, 189 Vt. 37, 12 A.3d 510 (2010).*<\/p>\n<p>Defendant\u2019s neighbor had a wireless video system that accidentally recorded video from the defendant\u2019s own system and recorded defendant\u2019s attack on another person. That was a private act and not a governmental act, and it was admissible. <a href=\"http:\/\/www.state.wv.us\/wvsca\/docs\/fall10\/35489.pdf\">State v. Smith<\/a>, 2010 W. Va. LEXIS 110 (October 27, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=4857\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4857","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4857","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4857"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4857\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4857"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4857"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4857"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}