A UNC School of Government Blog
Jeff Welty 
An interesting article in the New York Times, available here, talks about the increasing use of GPS tracking in domestic violence cases, either as a condition of pretrial release or as part of a probationary sentence. The story indicates that twelve states have passed legislation designed to enable the use of GPS in such cases. … Read more
Last term, the United States Supreme Court decided Rothgery v. Gillespie County, available here. As most folks likely know, before Rothgery, North Carolina law held that a defendant’s Sixth Amendment right to counsel “attached” when the defendant had his first appearance before a district court judge. After Rothgery, it’s clear that the right attaches at … Read more
Once again, my interest in criminal law and my interest in technology have come together in a brewing legal controversy. The issue is whether a DWI defendant who has submitted to a breath test for alcohol has a right to access the “source code” of the breath analysis machine. The Minnesota Supreme Court, in State … Read more
I was thinking about making today’s post a news roundup, since there’s been so much interesting criminal law news recently, including a rumor suggesting that Justice Patricia Timmons-Goodson could be under consideration to replace Justice David Souter on the United States Supreme Court. (More information about that here.) But those plans were blown out of … Read more
Big news on the high court: Justice David Souter, who famously said that he had the world’s best job in the world’s worst city, is reportedly retiring at the end of the term in June. The New York Times story is here. Souter was appointed by the first President Bush on the assumption that he … Read more
The Supreme Court’s latest criminal law decision is Kansas v. Ventris, available here. The basic holding is that a statement obtained in violation of a defendant’s Sixth Amendment right to counsel may be admitted for impeachment purposes, so long as the statement was voluntary. In brief, the defendant in Ventris was charged with murder and … Read more
OK, one more post about Arizona v. Gant, which I’ve previously discussed here and here. First, School of Government faculty member Bob Farb has written a short paper about Gant that summarizes the decision and its consequences. You can find the paper here. Second, I’ve been pondering one possible implication of Gant that I haven’t … Read more
The fallout from the Supreme Court’s recent decision in Arizona v. Gant, see my initial post here, has been fast and furious. Most questions I’ve received have been about how it applies to existing and past cases, not to future searches. Here are a couple of common questions and answers. 1. Does Gant apply to … Read more
The Supreme Court decided Arizona v. Gant yesterday. The opinion is available here, and a news article about the case is here. It’s a pretty significant Fourth Amendment case, so let’s unpack it a little bit, and please excuse the long post. When an officer lawfully arrests a suspect, the officer may search the suspect … Read more
An interesting article appeared yesterday in the New York Times. You can read it here, but the gist of it is that the federal government and about 15 states are now collecting DNA from people who are charged with certain crimes, usually felonies, even if the individuals are not convicted. As the article observes, this … Read more