This week, the North Carolina Senate passed a bill that would allow marijuana to be used for medical purposes. According to the legislative findings at the beginning of the bill, 37 states already permit marijuana to be used legally under at least some circumstances. Although the bill had bipartisan support in the Senate, its fate in the House is uncertain. Keep reading for more news.
Jeff Welty
Case Summaries – N.C. Court of Appeals (June 7, 2022)
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on June 7, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Search Warrants for Digital Devices and the Requirement that Warrants be Executed within 48 Hours
I’ve had several questions lately about the requirement in G.S. 15A-248 that “[a] search warrant must be executed within 48 hours from the time of issuance.” The specific concern is how this applies to searches of digital devices, which frequently require off-site forensic analysis that may not begin, let alone end, until substantially more than 48 hours after issuance of the warrant. Although we don’t have an appellate case on point in North Carolina, courts in other jurisdictions have held that so long as the initial seizure of the device is timely, the forensic analysis may be conducted later.
Malicious Prosecution and the Supreme Court’s Recent Ruling in Thompson v. Clark
The Supreme Court of the United States decided a malicious prosecution case earlier this month. The case is Thompson v. Clark, 596 U.S. __ (2022), and it has been the subject of some overheated media reports. For example, one outlet claimed that before Thompson, “[p]olice officers could frame people, file bogus charges, [and] conjure evidence out of thin air” yet “still be immune from facing any sort of civil accountability.” Billy Bunion, The Supreme Court Says You Can Sue Cops Who Frame You on False Charges (April 5, 2022). That’s not right, but Thompson is still an important opinion. This post will lay out the basics of malicious prosecution, explain what the Court did in Thompson, and offer some thoughts about the significance of the new ruling.
North Carolina’s Decriminalization of Most Local Ordinance Violations
Senate Bill 300 was an omnibus criminal justice reform bill passed last year. One of its provisions presumptively decriminalizes most violations of local ordinances. In this post, I’ll address some of the questions that have arisen about that provision.
What Does the Duty to Intervene Really Mean?
Law enforcement officers have a duty to intervene when they have an opportunity to prevent another officer from using unlawful force. That duty comes from multiple sources, including federal constitutional law, a new state statute, and, in some cases, agency policy. But what does the duty require in practice? Is verbal intervention enough, or must the officer attempt to intercede physically? What if the officer has competing obligations, such as keeping control of an unruly scene? And what should an officer do if he or she isn’t sure whether the amount of force another officer is using is appropriate? This post will address how officers and agencies might operationalize the duty to intervene.
SB300 and Early Warning Systems
State law now requires every law enforcement agency to implement an “early warning system.” What is an early warning system? Do such systems work? And what can small agencies do to comply with the law? Read on to learn more.
New Paper on the 48-Hour Rule
One of the projects that I wanted to finish before I go was updating my old paper on the 48-hour rule of G.S. 15A-534.1. I just completed the update. The new paper is available here. It is more comprehensive than before, but in a different format that is a little longer and less handy. It … Read more
Off to NCDOJ
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.
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.