The Danger to Confidential Communications in the Mismatch Between the Fourth Amendment\u27s Reasonable Expectation of Privacy and the Confidentiality of Evidentiary Privileges

Abstract

In May 2009, a bare majority of the Supreme Court of North Carolina decided State v. Rollins, making a serious mistake in privilege law that if applied generally will undermine the valued protections of evidentiary privileges. Ordinarily, few might criticize a ruling admitting statements like those made by the defendant, Mickey Rollins, who indicated his guilt for a homicide. However, Rollins\u27 statements were made to his wife, and under established precedent, those conversations should have been ruled a privileged marital communication