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NC: Conflict of laws: NJ search governed by NC law where trial occurred

By John Wesley Hall, Jr.

Defendant was searched in New Jersey and prosecuted in North Carolina. The search result might have been different in New Jersey, but the North Carolina court holds that state law requires that the search be governed by its state law. State v. Hernandez, 2010 N.C. App. LEXIS 2380 (December 21, 2010): Next, Defendant argues that Trooper Ramcheran’s decision to ask for consent to search the truck violated the principle of New Jersey state constitutional law enunciated in State v. Elder, 192 N.J. 224, 927 A.2d 1250 (2007). N.C. Gen. Stat. § 15A-974 only authorizes the suppression of evidence in the event that “[i]ts exclusion is required by the Constitution of the United States or the Constitution of the State of North Carolina” or the evidence was “obtained as a result of a substantial violation of the provisions of” Chapter 15A of the North Carolina General Statutes...continue to full post

Full post as published by Fourth Amendment on January 17, 2011 (boomark / email).