Illegal Search Evidence Exclusion

Summary

Under North Carolina General Statutes 15A-221, a search without consent may be a violation unless exceptions like probable cause or exigent circumstances apply. Federal law operates independently, and evidence obtained illegally may be excluded under the exclusionary rule. Consult a local attorney for tailored advice.

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In North Carolina the North Carolina General Statutes 15A * says the consent to justify a search must be given by the person to be searched so when the police officer search a person with no consent to make a search is this a violation of North Carolina General Statutes 15A * consent to search law
Yes, under North Carolina General Statutes 15A-*, a search without consent may be a violation. However, exceptions exist, such as:
- Probable cause
- Search incident to a lawful arrest
- Exigent circumstances
Please consult a local attorney for advice tailored to your situation.
So federal law is under the North Carolina General Statutes 15A * consent to search law is it illegal for federal Court to convicted a person with no consent to make a search
Federal law and state law operate independently. While North Carolina General Statutes 15A-* governs consent to search in the state, federal courts apply federal law. If a search violates federal law, it could impact a federal case. Consult a local attorney for specific advice.
What you mean it could impact a federal case
If a search is conducted in violation of federal law, it could potentially lead to the exclusion of evidence obtained from that search in a federal case. This is known as the "exclusionary rule". It's always best to consult with a local attorney for advice tailored to your situation.
What you mean
The "exclusionary rule" means that if evidence is obtained illegally (like a search without consent), it may not be used in court. This could affect the outcome of a case. Please consult a local attorney for advice specific to your situation.
What if federal court use evidence that illegal
If a federal court uses evidence that was obtained illegally, it could be challenged through a motion to suppress. This could potentially lead to the evidence being excluded from the case. Consult a local attorney for advice specific to your situation.