search warrant requirement in North Carolina

7 North Carolina opinions name it 2 courts 1976–2009 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

Case	Followed	Cited
Katz v. United Statesgreen scotus · 1967 · cited in 1 North Carolina opinions naming this issue, 2006–2006 2 sentences 2006In Katz v. United States, 389 U.S. 347, 357 , 19 L. 2006In Katz v. United States, 389 U.S. 347, 357 , 19 L.	1	1
United States v. Jeffersgreen scotus · 1951 · cited in 1 North Carolina opinions naming this issue, 1986–1986 2 sentences 1986Exceptions to the search warrant requirement are “jealously and carefully drawn,” Jones v. United States, 357 U.S. 493, 499 , 2 L.Ed. 2d 1514, 1519 , 78 S.Ct. 1253, 1257 (1958), and ‘“the burden is on those seeking [an] exemption ... to show the need for it . . . .’ ” Chimel , 395 at 762, 23 L.Ed. 2d at 693 , 89 S.Ct. at 2039 , quoting United States v. Jeffers, 342 U.S. 48, 51 , 96 L.Ed. 59 , 64, 72 S.Ct. 93, 95 (1951); see also Mincey v. Arizona, 437 U.S. 385, 390-91 , 57 L.Ed. 2d 290, 299 , 98 S.Ct. 2408, 2412 (1978). 1986Exceptions to the search warrant requirement are “jealously and carefully drawn,” Jones v. United States, 357 U.S. 493, 499 , 2 L.Ed. 2d 1514, 1519 , 78 S.Ct. 1253, 1257 (1958), and ‘“the burden is on those seeking [an] exemption ... to show the need for it . . . .’ ” Chimel , 395 at 762, 23 L.Ed. 2d at 693 , 89 S.Ct. at 2039 , quoting United States v. Jeffers, 342 U.S. 48, 51 , 96 L.Ed. 59 , 64, 72 S.Ct. 93, 95 (1951); see also Mincey v. Arizona, 437 U.S. 385, 390-91 , 57 L.Ed. 2d 290, 299 , 98 S.Ct. 2408, 2412 (1978).	1	1
Jones v. United Statesgreen scotus · 1958 · cited in 1 North Carolina opinions naming this issue, 1986–1986 2 sentences 1986Exceptions to the search warrant requirement are “jealously and carefully drawn,” Jones v. United States, 357 U.S. 493, 499 , 2 L.Ed. 2d 1514, 1519 , 78 S.Ct. 1253, 1257 (1958), and ‘“the burden is on those seeking [an] exemption ... to show the need for it . . . .’ ” Chimel , 395 at 762, 23 L.Ed. 2d at 693 , 89 S.Ct. at 2039 , quoting United States v. Jeffers, 342 U.S. 48, 51 , 96 L.Ed. 59 , 64, 72 S.Ct. 93, 95 (1951); see also Mincey v. Arizona, 437 U.S. 385, 390-91 , 57 L.Ed. 2d 290, 299 , 98 S.Ct. 2408, 2412 (1978). 1986Exceptions to the search warrant requirement are “jealously and carefully drawn,” Jones v. United States, 357 U.S. 493, 499 , 2 L.Ed. 2d 1514, 1519 , 78 S.Ct. 1253, 1257 (1958), and ‘“the burden is on those seeking [an] exemption ... to show the need for it . . . .’ ” Chimel , 395 at 762, 23 L.Ed. 2d at 693 , 89 S.Ct. at 2039 , quoting United States v. Jeffers, 342 U.S. 48, 51 , 96 L.Ed. 59 , 64, 72 S.Ct. 93, 95 (1951); see also Mincey v. Arizona, 437 U.S. 385, 390-91 , 57 L.Ed. 2d 290, 299 , 98 S.Ct. 2408, 2412 (1978).	1	1
Mincey v. Arizonagreen scotus · 1978 · cited in 1 North Carolina opinions naming this issue, 1986–1986 2 sentences 1986Exceptions to the search warrant requirement are “jealously and carefully drawn,” Jones v. United States, 357 U.S. 493, 499 , 2 L.Ed. 2d 1514, 1519 , 78 S.Ct. 1253, 1257 (1958), and ‘“the burden is on those seeking [an] exemption ... to show the need for it . . . .’ ” Chimel , 395 at 762, 23 L.Ed. 2d at 693 , 89 S.Ct. at 2039 , quoting United States v. Jeffers, 342 U.S. 48, 51 , 96 L.Ed. 59 , 64, 72 S.Ct. 93, 95 (1951); see also Mincey v. Arizona, 437 U.S. 385, 390-91 , 57 L.Ed. 2d 290, 299 , 98 S.Ct. 2408, 2412 (1978). 1986Exceptions to the search warrant requirement are “jealously and carefully drawn,” Jones v. United States, 357 U.S. 493, 499 , 2 L.Ed. 2d 1514, 1519 , 78 S.Ct. 1253, 1257 (1958), and ‘“the burden is on those seeking [an] exemption ... to show the need for it . . . .’ ” Chimel , 395 at 762, 23 L.Ed. 2d at 693 , 89 S.Ct. at 2039 , quoting United States v. Jeffers, 342 U.S. 48, 51 , 96 L.Ed. 59 , 64, 72 S.Ct. 93, 95 (1951); see also Mincey v. Arizona, 437 U.S. 385, 390-91 , 57 L.Ed. 2d 290, 299 , 98 S.Ct. 2408, 2412 (1978).	1	1
Chambers v. Maroneygreen scotus · 1970 · cited in 1 North Carolina opinions naming this issue, 1982–1982 1 sentence 1982Even though these facts do not fit one of the exceptions to the search warrant requirement, “the error was harmless beyond a reasonable doubt,” as the Supreme Court observed in Chambers v. Maroney, 399 U.S. 42, 53 (1970), the case that the defendant cites as authoritative on this point.	1	1
United States v. Kenneth Wayne Johnson, United States of America v. Derrick Dewayne Goodmangreen ca8 · 1975 · cited in 1 North Carolina opinions naming this issue, 1976–1976 1 sentence 1976See also United States v. Johnson, 506 F. 2d 674 (8th Cir. 1974), cert. denied, _ U.S. _, 43 L.Ed. 2d 784 , 95 S.Ct. 1579 (1975), in which the plain view doctrine was applied to sustain seizure of a shotgun, the butt of which was observed wedged between back and cushions of rear seat of an automobile stopped for a traffic violation; United States v. Rollerson, 491 F. 2d 1209 (5th Cir. 1974), where officers who had stopped defendant’s auto seized a rifle, barrel of which was seen protruding from underneath defendant’s seat when flashlight was shined into car; Nunez v. United States, 370 F. 2d 5	1	1
Dyches v. Government of the Virgin Islandsgreen pawd · 1975 · cited in 1 North Carolina opinions naming this issue, 1976–1976 1 sentence 1976See also United States v. Johnson, 506 F. 2d 674 (8th Cir. 1974), cert. denied, _ U.S. _, 43 L.Ed. 2d 784 , 95 S.Ct. 1579 (1975), in which the plain view doctrine was applied to sustain seizure of a shotgun, the butt of which was observed wedged between back and cushions of rear seat of an automobile stopped for a traffic violation; United States v. Rollerson, 491 F. 2d 1209 (5th Cir. 1974), where officers who had stopped defendant’s auto seized a rifle, barrel of which was seen protruding from underneath defendant’s seat when flashlight was shined into car; Nunez v. United States, 370 F. 2d 5	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
State v. Graves green ncctapp · 1999 2 sentences 2009Id. at 218 , 519 S.E.2d at 772 . 2009Id. at 218 , 519 S.E.2d at 772 .	1	2009–2009
State v. Williams green nc · 1986 1 sentence 2006Id.	1	2006–2006
State v. Matthews green ncctapp · 1979 1 sentence 1990G.S. § 15A-401(b) provides that an officer may make a warrantless arrest of any person if the officer has probable cause to believe that the person “[m]ay cause physical injury to ... others ... unless immediately arrested.” State v. Matthews, 40 N.C.	1	1990–1990
Chimel v. California red scotus · 1969 2 sentences 1986Exceptions to the search warrant requirement are “jealously and carefully drawn,” Jones v. United States, 357 U.S. 493, 499 , 2 L.Ed. 2d 1514, 1519 , 78 S.Ct. 1253, 1257 (1958), and ‘“the burden is on those seeking [an] exemption ... to show the need for it . . . .’ ” Chimel , 395 at 762, 23 L.Ed. 2d at 693 , 89 S.Ct. at 2039 , quoting United States v. Jeffers, 342 U.S. 48, 51 , 96 L.Ed. 59 , 64, 72 S.Ct. 93, 95 (1951); see also Mincey v. Arizona, 437 U.S. 385, 390-91 , 57 L.Ed. 2d 290, 299 , 98 S.Ct. 2408, 2412 (1978). 1986Exceptions to the search warrant requirement are “jealously and carefully drawn,” Jones v. United States, 357 U.S. 493, 499 , 2 L.Ed. 2d 1514, 1519 , 78 S.Ct. 1253, 1257 (1958), and ‘“the burden is on those seeking [an] exemption ... to show the need for it . . . .’ ” Chimel , 395 at 762, 23 L.Ed. 2d at 693 , 89 S.Ct. at 2039 , quoting United States v. Jeffers, 342 U.S. 48, 51 , 96 L.Ed. 59 , 64, 72 S.Ct. 93, 95 (1951); see also Mincey v. Arizona, 437 U.S. 385, 390-91 , 57 L.Ed. 2d 290, 299 , 98 S.Ct. 2408, 2412 (1978).	1	1986–1986
Switlik v. Hardwicke Corp. green scotus · 1980 1 sentence 1982We also find State v. Nelson, 298 N.C. 573 , 260 S.E. 2d 629 (1979), cert. denied 446 U.S. 929 (1980), to be persuasive here.	1	1982–1982
State v. Nelson green · 1979 2 sentences 1982We also find State v. Nelson, 298 N.C. 573 , 260 S.E. 2d 629 (1979), cert. denied 446 U.S. 929 (1980), to be persuasive here. 1982We also find State v. Nelson, 298 N.C. 573 , 260 S.E. 2d 629 (1979), cert. denied 446 U.S. 929 (1980), to be persuasive here.	1	1982–1982
Carroll v. United States green scotus · 1925 1 sentence 1979The probable cause with exigent circumstances exception was first enunciated in Carroll v. United States, supra. In Carroll , officers stopped a vehicle on a highway running between Grand Rapids and Detroit, Michigan.	1	1979–1979
Victor Louis Nunez v. United States green ca5 · 1967 1 sentence 1976See also United States v. Johnson, 506 F. 2d 674 (8th Cir. 1974), cert. denied, _ U.S. _, 43 L.Ed. 2d 784 , 95 S.Ct. 1579 (1975), in which the plain view doctrine was applied to sustain seizure of a shotgun, the butt of which was observed wedged between back and cushions of rear seat of an automobile stopped for a traffic violation; United States v. Rollerson, 491 F. 2d 1209 (5th Cir. 1974), where officers who had stopped defendant’s auto seized a rifle, barrel of which was seen protruding from underneath defendant’s seat when flashlight was shined into car; Nunez v. United States, 370 F. 2d 5	1	1976–1976
United States v. Herbert Lee Rollerson green ca5 · 1974 1 sentence 1976See also United States v. Johnson, 506 F. 2d 674 (8th Cir. 1974), cert. denied, _ U.S. _, 43 L.Ed. 2d 784 , 95 S.Ct. 1579 (1975), in which the plain view doctrine was applied to sustain seizure of a shotgun, the butt of which was observed wedged between back and cushions of rear seat of an automobile stopped for a traffic violation; United States v. Rollerson, 491 F. 2d 1209 (5th Cir. 1974), where officers who had stopped defendant’s auto seized a rifle, barrel of which was seen protruding from underneath defendant’s seat when flashlight was shined into car; Nunez v. United States, 370 F. 2d 5	1	1976–1976
State v. Dobbins green nc · 1971 2 sentences 1976The “plain view” exception to the search warrant requirement was applied in a factual context strikingly similar to the facts in this case in State v. Dobbins, 277 N.C. 484 , 178 S.E. 2d 449 (1971), where officers, after stopping defendant’s vehicle to investigate a possible curfew violation, saw through the car window about two inches of what appeared to be the butt of a shotgun protruding from beneath some papers on the floor of the back seat and thereupon seized the weapon. 1976The “plain view” exception to the search warrant requirement was applied in a factual context strikingly similar to the facts in this case in State v. Dobbins, 277 N.C. 484 , 178 S.E. 2d 449 (1971), where officers, after stopping defendant’s vehicle to investigate a possible curfew violation, saw through the car window about two inches of what appeared to be the butt of a shotgun protruding from beneath some papers on the floor of the back seat and thereupon seized the weapon.	1	1976–1976

Where else courts name it

OH 122 (1981–2026) PA 90 (1981–2025) LA 54 (1974–2019) KS 47 (1985–2022) MI 41 (1922–2022) CA 37 (1962–2026) NY 35 (1972–2025) WA 34 (1973–2018) TX 33 (1981–2021) IL 31 (1970–2024) FL 29 (1978–2024) TN 25 (1975–2024) NJ 23 (1979–2026) MA 23 (1971–2025) IN 22 (1968–2020) GA 20 (2003–2023) IA 16 (1969–2026) MN 16 (1987–2024) MT 15 (1980–2025) ND 15 (1981–2019) OR 14 (1968–2022) NE 13 (1978–2023) VA 12 (1993–2023) AL 12 (1976–2012) WI 12 (1978–2021) AK 10 (1972–1996) MD 9 (1971–2015) CT 9 (1976–2020) MO 9 (1974–2017) AZ 9 (1978–2015) CO 8 (1980–2024) SC 7 (1983–2019) HI 7 (1980–2020) DC 7 (1977–2016) NC 7 (1976–2009) ID 7 (1979–2017) WV 6 (1922–2015) WY 6 (1982–2016) DE 6 (1973–2025) SD 5 (2003–2015) RI 5 (1989–2007) AR 5 (1967–2014) UT 5 (1987–2016) NV 4 (1975–2013) OK 4 (1927–1992) NM 4 (1997–2013) KY 4 (1988–2021) ME 3 (1981–2017) NH 3 (1983–2017) VT 2 (1991–2012) MS 2 (2003–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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