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Supreme Court of North Carolina’s Misapplication of the Missouri v. McNeely Decision to State v. McCrary

Wake Forest Journal of Law & Policy, Vol. 7:1

January 1, 2017

Written by Benjamin C. Williams

In State v. McCrary, a case involving warrantless blood draws, the Supreme Court of North Carolina was tasked with applying the United States Supreme Court's holding in Missouri v. McNeely. In an opinion devoid of any meaningful analysis, the Supreme Court of North Carolina affirmed the incorrect majority holding from the Court of Appeals of North Carolina. Both courts failed to honor Fourth Amendment rights to the extent required by the United States Supreme Court.

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Benjamin C. Williams


Winston-Salem, NC