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.
Jeff Welty
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.
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?