Legal Foundations and Criminal Procedure
Where the law comes from
A North Carolina officer enforces a hierarchy: U.S. Constitution, N.C. Constitution, the General Statutes (Chapter 14 for crimes, Chapter 15A for criminal procedure, Chapter 20 for motor vehicles), then city and county ordinances. An ordinance can never authorize what a statute forbids.
The standards ladder
Mere suspicion → reasonable suspicion (specific, articulable facts) → probable cause (facts would lead a reasonable person to believe an offense occurred and this person did it) → preponderance → clear and convincing → beyond a reasonable doubt. Only probable cause is required for arrest and for a search warrant. Probable cause is a fair probability, not proof.
Arrest and search
Under G.S. 15A-401(b), a warrantless arrest is lawful for any felony on probable cause, but for a misdemeanor the offense generally must occur in the officer's presence - with statutory exceptions such as impaired driving, domestic violence, and certain child-abuse and shoplifting situations where probable cause alone suffices. Searches are presumptively unreasonable without a warrant; the recognized exceptions are consent, search incident to arrest, plain view, exigent circumstances, the automobile exception, inventory, and a Terry frisk for weapons.
Miranda is triggered only by custody plus interrogation. It does not apply to general on-scene questioning, to booking questions, or to volunteered statements.
Traps
Questions love to blur standards: probable cause is not "more likely than not," a frisk is not a search for evidence, and pretextual stops are lawful if the violation is real (Whren). Another favorite: assuming an officer may arrest for any misdemeanor on probable cause alone. Review G.S. 15A-974 (exclusionary rule) and note that North Carolina's exclusionary rule has statutory limits.
Rule of thumb
Write the probable cause statement before you act: "Based on [specific facts], it is probable that [elements] occurred and this person is responsible." If you cannot fill both blanks, you have suspicion, not probable cause.