A UNC School of Government Blog
Jeff Welty 
The Ninth Circuit recently decided United States v. Payton, a computer search case that quietly adopts some pretty radical ideas. Based on the lack of comments on my previous computer search posts — here and here –most of you aren’t keenly interested in the application of the Fourth Amendment to emerging technologies, but Payton strikes … Read more
Several months ago, an attorney contacted me to ask whether a particular drug was on one of controlled substance schedules, and if so, which one. I did the obvious: I looked at the schedules set forth in G.S. 90-89 et seq. I couldn’t find the drug, so I concluded that it was not a controlled substance. When … Read more
Several recent news stories that may be of interest: 1. Governor Perdue just signed S 920, which makes substantial changes to the probation laws. For example, it requires all probationers to submit to warrantless searches by probation officers, and to a lesser degree, by law enforcement officers. It also clarifies the tolling provisions of the … Read more
Remember State v. Byrd, the case that held that ex parte domestic violence TROs aren’t “protective orders” under Chapter 50B? I blogged about it here, and I highlighted a more detailed summary by John Rubin here. Byrd always seemed like a likely candidate for a legislative “fix,” and in fact, the General Assembly passed, and … Read more
I am reluctant to dip my toes into the waters of controversy swirling around the arrest of Harvard Professor Henry Louis Gates, but it provides a useful framework for discussing North Carolina’s disorderly conduct laws, so I’m going to do so anyway. First, let me provide the disclaimer that I’m not taking sides. The best … Read more
I’m a little like a broadcaster for a small-market sports team, in that I’m a relentless “homer,” always impressed with the efforts of the School of Government faculty. With that disclaimer in mind, my colleague Michael Crowell has just published a terrific paper, available for free here, about courts’ authority to impose time limits on … Read more
Update: The creator of the barrel monster has had his day in court, and appears to have received some sort of deferred prosecution, as reported here. Original Post: My colleagues have contributed several great posts recently, and I have a couple more ready to go, but there have been several news stories over the past … Read more
I thought that I might blog today about the Sotomayor confirmation hearings, but they’ve been thoroughly dull. The only piece I’ve seen that makes them seem even a little bit interesting is this one, which I understand to be written by a liberal commentator unimpressed with the judge. Fortunately, my colleague John Rubin rescued me … Read more
From time to time, a judge, prosecutor, or defense attorney will call the School of Government asking about the law of sexual assualts in, say, 1968. Typically, the caller will be handling a case involving recent allegations of sexual abuse by a person who is now an adult but who was a child at the … Read more
Update: It has come to my attention that there may be a bit more to the AOC restitution story than meets the eye. This memo from Judge John Smith, the director of the AOC, provides a bit of explanation for why the restitution priorities were set as they were, and to what extent the General … Read more