After 12 years at the School of Government, I have accepted a position at the North Carolina Department of Justice. I’ll be leading the Special Prosecutions and Law Enforcement Section within the Criminal Division. I am looking forward to a new challenge and to the opportunity to work with wonderful new colleagues. At the same time, I am profoundly grateful for my time at the School of Government. I wanted to take a moment to reflect on some parts of my work here that I have especially cherished.
Jeff Welty
Case Summaries — Supreme Court of North Carolina (November 1, 2019)
This post summarizes three opinions issued by the Supreme Court of North Carolina on November 1, 2019.
Who is the Victim When a Defendant Steals a Decedent’s Personal Property?
When a defendant steals personal property that belonged to someone who recently died, who should be alleged as the victim in the criminal pleading? I’ve been asked this question several times, so I thought I would try to answer it here on the blog.
Is the Exigent Circumstances Doctrine an Exception to the Warrant Requirement, or Something More?
I have long thought of the exigent circumstances doctrine as an exception to the warrant requirement – it allows a search to be conducted when probable cause is present but it is impractical for officers to take the time to obtain a search warrant. That understanding was shaken when I read Phil Dixon’s summary of United States v. Curry, 937 F.3d 363 (4th Cir. 2019). The majority in Curry ruled that exigent circumstances allowed officers to search several men without probable cause or even reasonable suspicion because they were walking away from an area where shots had just been fired. In other words, the court took the position that exigent circumstances excused not only the lack of a warrant, but also the lack of individualized suspicion. Have I been mistaken all these years?
CLE at the School of Government
The School of Government and the North Carolina Judicial College are pleased to announce our second annual CLE event. Reviews from last year’s event were extremely positive so we’re doing it again! It’s an event for everyone, with outstanding teachers addressing topics selected to be of interest to anyone practicing law. The event will offer … Read more
Trespass and Public Buildings
A person commits first-degree trespass when he or she “without authorization . . . enters or remains . . . in a building of another.” G.S. 14-159.12(a). But aren’t members of the public “authoriz[ed]” to enter public buildings? And given that public buildings belong to all of us, do they even count as buildings “of another”? In other words, is it possible to commit a trespass in a public building?
Comparing the Role Victims Play in Criminal Court: Mexico vs. North Carolina
Two years ago, I wrote about training prosecutors, forensic experts, and investigative police in Mexico. I’ve been back a couple of times since, including last week. Each time I learn something that makes me reflect on the workings of our own justice system. On my most recent trip, I learned more about the role of the victim in Mexico, and it got me thinking about the role of the victim in our criminal courts.
Case Summaries – N.C. Court of Appeals (9/17/2019)
This post provides summaries of the criminal cases (and one juvenile case) decided by the court of appeals on September 17, 2019.
Body Camera Footage May Now Be Released for “Suspect Identification or Apprehension”
The General Assembly recently amended the law that governs the release of body camera footage. This post explains the change.
When a Person Sells Drugs Away from His or Her Home, Does that Provide Probable Cause to Search the Person’s Home?
The question in the title of this post is an oversimplified version of the issue addressed by the court of appeals last week in State v. Bailey, __ N.C. App. __, __ S.E.2d __, 2019 WL 3925864 (Aug. 20, 2019). But it isn’t oversimplified by much, and the appellate division may be inching closer to answering the question in the affirmative.