Are Prosecutors Entitled to Immunity When Advising Law Enforcement Officers?

Law enforcement officers frequently call on prosecutors for advice. Prosecutors generally see responding to such requests as part of their duties, as the North Carolina Constitution directs that District Attorneys “advise the officers of justice” in their districts. N.C. Const., Art. IV, § 18. But are prosecutors protected by absolute prosecutorial immunity when they give such advice? Or something less? Read on to find out.

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GiveUNC Is Today

Today is GiveUNC. According to the GiveUNC website, this is “a day when alumni, friends, faculty [and staff] and other Carolina supporters come together to support the causes they care about most.” We hope that the School of Government provides value to you. The School is unique in our focus on providing training, consulting, and … Read more

News Roundup

Bankman-Fried sentencing. Regular readers know that I’m interested in the criminal case against Sam Bankman-Fried, founder of the fallen cryptocurrency exchange FTX. I even read a book about Bankman-Fried, which I reviewed here. He has been convicted in federal court and his sentencing hearing is set for March 28. The United States Probation Office has calculated his Guideline sentence as 110 years in prison, and has recommended a downward variance to 100 years. (They temper justice with mercy at the United States Probation Office.) Bankman-Fried’s attorneys have responded with a 90-page sentencing memorandum, arguing that Bankman-Fried is a selfless philanthropist at heart; that there are no victims of his crimes because it now appears that there were sufficient assets in FTX to pay all customers and creditors; and that a proper application of the Guidelines calls for a sentence of approximately 6 years but that given various mitigating circumstances, “a sentence that returns [Bankman-Fried] promptly to a productive role in society would . . . comply with the purposes of sentencing.” Stay tuned for further developments! And keep reading for more news.

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Does a Magistrate Have the Discretion to Refuse to Issue Criminal Process When Probable Cause Exists?

If I had to answer the question in the title of this post in the briefest possible way, I would say: not usually. But there’s a lot of uncertainty and nuance packed into that short answer. This post gets into the details.

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Criminal Law Faculty Position Now Available

Have you ever thought that it would be interesting to be a member of the School’s faculty? To write, teach, and consult about criminal law and procedure? And to do so with a focus on applied scholarship that makes a real difference? Then you might be interested in the job described later in this post. Or maybe you know someone for whom the position might be perfect. Read on to learn more, and as a bonus, I’ll mention a second job opening at the end of the post – one that has nothing to do with criminal law at all.

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May An Officer Ask a Business to Execute a Search Warrant on Itself?

Once upon a time, search warrants were simple. An officer would obtain a warrant to search a suspect’s home or some other physical location connected to a crime. The officer would go to the location, announce his or her presence, and conduct the search. But these days, officers frequently want to obtain records and other evidence from businesses not suspected of any wrongdoing. For example, they want bank records that can be used to trace the suspect’s ill-gotten gains. They want cell site location information that can be used to tie the suspect to the crime scene. And they want email records that show communication between the suspect and his or her coconspirators. Officers do not typically kick down these businesses’ doors and start rummaging around, partly because that would be needlessly disruptive and partly because officers might have a hard time locating evidence stored in the cloud or on a server located who-knows-where. Instead, officers obtain a search warrant, then send a copy of the warrant to the company in question and ask the company to search its own records and provide responsive materials. Is that OK?

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News Roundup

Yesterday, Alabama became the first state in the nation to execute a prisoner using nitrogen hypoxia. The AP reports here that “Kenneth Eugene Smith, 58, was pronounced dead at 8:25 p.m. . . . after breathing pure nitrogen gas through a face mask to cause oxygen deprivation.” Smith was sentenced to death three decades ago for his role in a contract killing. Alabama attempted to execute him by lethal injection in 2022, but the attempt failed when authorities were unable to attach an IV to his veins. The Supreme Court declined to block the nitrogen gas execution earlier this week, over a dissent from three liberal Justices. The linked story contains some details of the execution. Keep reading for more news.

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Book Review: Going Infinite

Michael Lewis is a celebrated author whose work has repeatedly topped the best-seller lists. His most famous book is Moneyball, which chronicles the analytics revolution in baseball. But his most controversial – perhaps even his most hated – book is also his most recent: Going Infinite, which chronicles the rise and fall of the cryptocurrency exchange FTX and the exploits of its founder, Sam Bankman-Fried.

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News Roundup

This will be the last news roundup of the year. We’ll likely have a post or two early next week and then go dark for the holidays, returning in early January. We appreciate your readership this year, as well as your feedback, your topic suggestions, and all the other ways that you participate in the blog community. However you may celebrate the season, we wish you a happy and restful break. Read on for a selection of the week’s news.

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