U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Arrest, Search, and Investigation in North Carolina, Third Edition 2003

NCJ Number
Robert L. Farb
Date Published
546 pages
This textbook discusses the laws concerning arrest, search, and investigation in North Carolina.
An officer’s authority to enforce laws and investigate criminal offenses is constrained by legal rules, which are explained here along with the basic rules of evidence in criminal cases. Much of the discussion in the text is based on North Carolina and Federal statutory law and on cases heard by the United States Supreme Court, North Carolina Supreme Court, and North Carolina Court of Appeals. Chapter 1 presents basic information about constitutional law and North Carolina criminal law and procedure. Major topics include discussions of the sources of criminal law, constitutional and statutory restrictions on officers’ enforcement authority, criminal pretrial and trial procedure, and appellate review. Chapter 2 discusses the territorial and subject-matter jurisdiction of law enforcement officers, their authority to arrest both with and without warrants, and legal standards for investigative stops and arrests. Applicable Appellate and Supreme Court cases are described that enumerate and illustrate relevant legal rules. Chapter 3 describes the legal standards for searching and seizing property and people. Discussions center on the necessity of search warrants, the search and seizure of abandoned property, searches with consent, vehicle and container searches, wiretapping and eavesdropping, and searches to protect officers and property. As in chapter 2, relevant court cases are offered in chapter 3 that illustrate the legal rules of search and seizure. Chapter 4 focuses on how to prepare and execute search warrants, administrative inspection warrants, and nontestimonial identification orders. The advantages of search warrants and the consequences of unlawful searches and seizures are discussed and a worksheet is presented as a template for preparing search warrants. Chapter 5 departs from the fourth amendment rules to focus on other constitutional provisions and related statutes affecting officers’ authority to investigate crime. Specifically, this chapter discusses interrogation and confessions, line-ups and other identification procedures, and the use of undercover officers and informants. Chapter 6 focuses on the rules of evidence in criminal cases. The goal of the chapter is to help enumerate why evidence may or may not be admitted at trial. Finally, a section of relevant case summaries is presented that illustrate points made throughout the textbook. Index