I’ve been asked a few times about the meaning of purple bars painted on trees. At a recent class, someone showed me the relevant statute, which led me to learn a little more about it. This post lays out what I know.
Jeff Welty
Veterans Day and Veterans on the Supreme Court
North Carolina’s courts are closed today for Veterans Day, so although UNC is open, we won’t run a substantive post. Instead, I wanted to take a moment to thank all veterans, including those who work in and with the court system. Yesterday was the 100th anniversary of the armistice that ended WWI, making it an appropriate time to reflect on the sacrifices veterans have made throughout the nation’s history.
While reading about Veterans Day, I happened on this article, which addresses the role of veterans on the Supreme Court of the United States. The whole piece is worth reading, but for those interested in an executive summary, it makes two major points.
Search Warrants for Very Minor Offenses
What’s the most inconsequential criminal offense in North Carolina? My personal favorite is sale of immature apples, a Class 3 misdemeanor under G.S. 106-189.2. But take a look at the list of Class 3 misdemeanors compiled by the Sentencing Commission and make your case in the comments.
Whatever your answer, now consider this: could a court properly issue a search warrant if there were probable cause to believe that evidence of a very minor crime was in a person’s home? Suppose that a sheriff’s office receives a report that a vendor is selling immature apples at a farmers’ market. A deputy applies for a search warrant for the home of the vendor in question on the basis that she likely has receipts and other evidence of the crime in her house. May a judicial official issue the warrant? Or are there some offenses that are so minor that the “cure” of the search warrant is worse than the “disease” of allowing the crime to go unpunished?
Race and the Voluntariness of Consent
Is a suspect’s race relevant when determining whether the suspect’s consent to search is voluntary? In a recent case, the court of appeals stated that it may be.
That Probable Cause Is Garbage!
It is settled law that the police may rummage through a person’s trash once it is put out to the curb for collection. “Trash pulls” are a routine part of drug investigations, where sufficient evidence of drug activity found in the garbage may support a search warrant for the associated residence. But how much evidence is enough? For example, if a person’s garbage contains the remains of a single marijuana cigarette, does that provide probable cause to believe that further evidence of drug activity will be present inside the house?
First Monday in October: Preview of the New Supreme Court Term
While most news outlets focus on whether Judge Brett Kavanaugh will be confirmed as an Associate Justice on the Supreme Court, the Court has quietly kicked off a new Term. What criminal law cases does the Court have in store?
Security Searches at Courthouses
To enter most courthouses these days, a person must submit to a security search. Often, one must walk through a metal detectors and pass one’s personal items through an x-ray device. Are these security procedures constitutional? Are there any limits to how intrusive they may be? Read more to find out.
School of Government CLE for Private and Public Sector Attorneys
If you find this blog useful and would like to get your CLE from the School of Government faculty and staff who post here, you’re in luck! This fall, we’ll be hosting our first annual CLE event. In keeping with the time of year, we’re calling it Back to School: CLE @ SOG. We’re excited about … Read more
State v. Hobson and the Presentment Controversy
Presentments have been a hot topic lately and the court of appeals just issued a decision involving a presentment. This post explains the controversy and the significance of the recent opinion.
Turner Reversed
Last week, the state supreme court unanimously reversed State v. Turner, __ N.C. App. __, 793 S.E.2d 287 (2016), and held that any “any criminal pleading that establishes jurisdiction in the district court should toll the two-year statute of limitations” set forth in G.S. 15-1. It did so in a case named State v. Curtis. This post recaps the Turner controversy and unpacks the ruling in Curtis.