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.

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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.

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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.

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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.

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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?

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