NBC has this article up about the top national criminal law story of the moment. It notes that “[a] federal grand jury indicted former national security adviser John Bolton on Thursday, making him the third critic of President Donald Trump to face criminal charges in recent weeks.” The article goes on to state that “Bolton was indicted in federal court in Maryland, where he lives and where prosecutors have been investigating whether he improperly retained classified materials after his acrimonious departure from the first Trump administration. The indictment charges him with eight counts of transmission of national defense information and 10 counts of retention of national defense information.” The transmission counts apparently are based on Bolton sending diary-style materials to two relatives. Bolton’s legal team contends that he is innocent and has been unfairly targeted based on his acrimonious relationship with President Trump.
Jeff Welty
New Paper on Contracts Between Cities and Sheriffs (and Counties) for Law Enforcement Services
I recently completed a new paper on contracts between cities and sheriffs for law enforcement services. It is available here.
Dozens of North Carolina municipalities have decided not to operate their own police departments, and instead have entered into contracts with their local sheriffs’ offices for designated levels of law enforcement services. There are plusses and minuses to such arrangements, which the paper details. It also notes some of the terms that parties considering such contracts may wish to include, and discusses the formalities required for each side to enter into such agreements.
News Roundup
This week, the General Assembly passed H 307, Iryna’s Law. The bill follows the murder of Iryna Zarutska in Charlotte last month. The measure is now with Governor Stein. If it becomes law, it would make a number of changes to proceedings involving pretrial release; would add a new aggravating sentencing factor; would alter the way magistrates may be disciplined; would require hearings on capital MARs normally be held within 24 months of filing; and would expand the permissible methods of execution, among other things. WRAL has some information about the bill’s progress through the legislature here, and a piece here exploring the decision that Governor Stein now must make to sign the bill, veto it, or allow it to become law without his signature. He has 10 days to decide. Keep reading for more news.
Devalle and the Good Moral Character Requirement for Law Enforcement Officers
Law enforcement officers in North Carolina must have good moral character to be certified, and may lose their certification if they lose their good moral character. The requirement of good moral character is neither unique to North Carolina nor exclusive to law enforcement officers. At the same time, it is a difficult standard to apply, as illustrated by a recent decision issued by the Supreme Court of North Carolina. This post provides context for that decision and explores its reasoning.
Case Summaries: N.C. Court of Appeals (Aug. 20, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 20, 2025.
An indictment for injuring property to obtain non-ferrous metals was sufficient despite the lack of any allegation concerning the value of the property damage.
State v. Council, No. COA25-78 (N.C. Ct. App. Aug. 20, 2025) (Hampson). In this Durham County case, the defendant was suspected of stealing a catalytic converter from a truck. He was indicted for, and convicted of, felony larceny and felony injury to property to obtain non-ferrous metals. He appealed, asserting that the indictment for the injury to property charge was defective for failing to specify the value of the property damage.
Purses, Fanny Packs, Backpacks, and Duffel Bags: The Impact of Arizona v. Gant on Searches of Hand Luggage Incident to Arrest
Law enforcement officers have long been authorized to search a person incident to the person’s arrest. But the precise scope of that authority has shifted over time. The most recent major case in this area was Arizona v. Gant, 556 U.S. 332 (2009), which placed new limits on an officer’s ability to search a motor vehicle incident to the arrest of an occupant. Whether Gant has any impact on an officer’s authority to search hand luggage like purses and backpacks has been the subject of considerable controversy. The issue is important given the ubiquity with which men as well as women carry backpacks, satchels, crossbody slings, and many other types of bags. This post discusses searches of such items incident to arrest.
News Roundup
If you thought it was only corner-cutting lawyers and tech-savvy college students that were relying on artificial intelligence to do their work for them, this week may force you to reconsider. Reuters reports here that “[f]ederal judges in Mississippi and New Jersey have withdrawn written rulings in a pair of unrelated lawsuits after lawyers in the cases said they contained factual inaccuracies and other serious errors.” Although the judges have not revealed how the “inaccuracies” and “errors” came to be, the types of mistakes involved will be familiar to anyone who uses generative AI or even reads about it: phantom quotations from real cases; citations to testimony from non-existent declarants; recitations of allegations that were never made; and fundamentally flawed legal “interpretation.” Keep reading for more news, curated and written up by a real, live human being.
Did the General Assembly Just Remove the “Nighttime” Element of Burglary?
A few weeks ago, the General Assembly passed, and the Governor signed into law, S.L. 2025-71. The bill makes quite a few changes to the criminal law. It creates new crimes, like a larceny offense specific to gift cards; enhances the penalties for existing crimes, including certain racing and reckless driving offenses; and creates sentencing enhancements when a gun is used in connection with specified drug crimes and offenses involving breaking or entering. Today’s post focuses on the bill’s amendment to G.S. 14-51, which addresses “first and second degree burglary.” Does the amendment quietly remove the element of burglary that requires the offense to be committed in the nighttime?
May a Sheriff or a Deputy Enforce a Municipal Ordinance?
Municipal police have many duties, sometimes including enforcing municipal ordinances. Municipalities without their own police departments typically rely on the county sheriff to provide law enforcement services. The sheriff certainly has territorial jurisdiction to enforce state laws within city limits. But may the sheriff and his or her deputies also enforce municipal ordinances?
News Roundup
Former Durham Bull Wander Franco was convicted of sexual abuse of a minor in the Dominican Republic this week. This ESPN story reports that he received a suspended sentence, while “[t]he mother of the [14 year old] victim . . . was convicted of sexually trafficking her daughter and sentenced to 10 years in prison after prosecutors proved she sought financial gains from Franco and laundered money.” Franco was a star for the Bulls and quickly moved up to the major league level. He had just signed an 11-year, $182 million contract with the Tampa Bay Devil Rays when he was arrested. Whether he will be able to resume his baseball career is not clear. He may have difficulty obtaining a visa to enter the United States, and Major League Baseball may take action against him as well. Additionally, he is still facing charges in his home country connected to the alleged unlawful possession of a firearm. Keep reading for more news.