The Good Faith Exception: The Basics
Under U.S. v. Leon, 468 U.S. 897 (1984), when an officer reasonably relies on a search warrant issued by neutral and impartial magistrate, evidence seized pursuant to the search warrant […]
Case Summaries: Fourth Circuit Court of Appeals (Jan. 2026)
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during January 2026. Cases of potential interest to state practitioners are summarized monthly. […]
Federal Court Enjoins California’s Law Prohibiting Federal Law Enforcement Officers from Wearing Masks
Most law enforcement officers don’t wear masks, but in recent immigration enforcement surges, many ICE officers have done so. ICE apparently permits the practice but does not require it. Proponents […]
News Roundup
With increased immigration enforcement in North Carolina, Immigrations and Customs Enforcement is considering plans to construct and open at least three new jails to house detainees. Two potential jails may […]
“Second Look” Sentencing Is Not the Law in North Carolina
Some states have passed laws authorizing judges to review sentences after a defendant has served a specified portion of the sentence. They are sometimes referred to as “second look” laws. […]
Congratulations to Newly Certified Magistrates
Magistrates are often referred to as the “first face” of the judicial system. They are critical to upholding the due process rights of North Carolina’s citizens. One of the best […]
Pants on Fire: Character Evidence in Braswell and Toomer
Courts look with particular suspicion on character evidence, and a number of rules seek to confine that sort of evidence to its proper place. Two recent cases illustrate the problem. […]
Case Summaries: N.C. Court of Appeals (Feb. 4, 2026)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 4, 2026. Superior court did not lack jurisdiction when misdemeanor charge was initiated […]
News Roundup
News about crime, criminal justice, and the courts often tends towards the gloomy, so I’m going to start this week with some positive news. The Carolina Journal has a story […]
State v. Julius, Round Two: Court of Appeals in Fractured Opinion Affirms Trial Court’s Determination that Good Faith Exception Applies
The North Carolina Supreme Court held in State v. Julius, 385 N.C. 331 (2023) (Julius I), that an officer’s warrantless search of a vehicle trapped in a ditch and partially […]