Crenshaw 144 nc app 574 551 se2d 147 2001 also the

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Crenshaw, 144 N.C. App. 574, 551 S.E.2d 147 (2001). Also, the search or seizure may not extend beyond the scope of the suspect’s consent. See State v. Pearson, supra(consent to search vehicle did not imply consent to search person); see also G.S. 15A-221, -223. For a further discussion of consent in the context of a warrantless stop or arrest, see infra §§ 15.3F, 15.4B.G. Nontestimonial Identification Orders Where a suspect is not in police custody and police wish to obtain hair, fingerprints, or other samples from the person, the police may obtain a nontestimonial identification order from a judge on a showing of less than traditional probable cause. See G.S. 15A-974. If the suspect is in police custody, police must obtain a search warrant. See State v. Carter, 322 N.C. 709, 370 S.E.2d 553 (1988). Further, for more intrusive procedures, such as withdrawing blood, a search warrant, supported by probable cause, is required rather than a nontestimonial identification order regardless of whether the person is in custody. See id.;see also ROBERT L. FARB, ARREST, SEARCH, AND INVESTIGATION IN NORTH CAROLINA186, 411 (Institute of Government 2d ed. 1992) (so interpreting Carter).14.3 Illegal Confessions or Admissions The Constitutional bases for excluding illegally obtained confessions or admissions are the Fifth and Sixth Amendments to the United States Constitution, made applicable to the states through the Fourteenth Amendment, and Article I, §§ 19, 23 and 24, of the North Carolina Constitution. 10 NC Defender Manual | July 2002 | © Institute of Government
Ch. 14: Suppression Motions A. Involuntary Confessions Due process is violated when police coerce a suspect into making a confession. Coercion may include: (i) physical force; (ii) depriving the suspect of food, sleep, or the ability to communicate with the outside world; or (iii) psychological ploys such as threats or promises. Because it is so suspect, an involuntary confession is inadmissible for any purpose, including impeachment. See Mincey v. Arizona, 437 U.S. 385 (1978) (confession obtained from hospitalized suspect in great pain not voluntary and not admissible even to impeach); State v. Pruitt, 286 N.C. 442, 212 S.E.2d 92 (1975) (confession made in response to inducement or hope that defendant would obtain relief from charged offense not voluntary); compare State v. Wallace, 351 N.C. 481, 528 S.E.2d 326 (2001) (confession not involuntary where induced by promise that if defendant confessed he could see daughter and girlfriend). A court must examine the totality of circumstances in determining whether a confession is involuntary. See Malloy v. Hogan, 378 U.S. 1 (1964); State v. Hicks, 333 N.C. 467, 428 S.E.2d 167 (1993). B. Miranda Violations Requirements. As a means of protecting the Fifth Amendment privilege against self-incrimination, a suspect is constitutionally entitled to receive Miranda warnings if he or she (i) is in police custody and (ii) is interrogated by the police.

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