A big case was argued this week before the United States Supreme Court. You’ve probably been following it, right?
Jeff Welty
Book on Digital Evidence Now Available
I’m happy to announce that my book on digital evidence is now available. There are five chapters, covering (1) search warrants for digital devices, (2) warrantless searches of digital devices, (3) law enforcement access to electronic communications, (4) tracking devices, and (5) the admissibility of electronic evidence.
Supreme Court Rejects “De Minimis” Extension of a Traffic Stop to Deploy a Drug Dog
Yesterday, the Supreme Court decided Rodriguez v. United States, an important traffic stop case that changes North Carolina law as it pertains to certain drug dog sniffs, and perhaps other investigative techniques as well.
Hair Analysis Under a Microscope
Over the weekend, the Washington Post ran a story that begins as follows:
The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000.
Of 28 examiners with the FBI Laboratory’s microscopic hair comparison unit, 26 overstated forensic matches in ways that favored prosecutors in more than 95 percent of the 268 trials reviewed so far, according to the National Association of Criminal Defense Lawyers (NACDL) and the Innocence Project, which are assisting the government with the country’s largest post-conviction review of questioned forensic evidence.
News Roundup
Partisan judicial elections may be returning to North Carolina. House Bill 8, which passed its second reading with a 64-49 vote, mostly along party lines, would make appellate court elections partisan. Trial court elections would remain non-partisan. The News and Observer has the story here.
How Many Charges Can One Charging Document Contain?
How many charges can be placed on a single charging document, such as a citation, an arrest warrant, or an indictment? Old hands use the rule of thumb, no more than two charges per citation, no more than three charges in any other pleading. But where does that rule come from? And is it even correct?
News Roundup
Around here, the biggest news item this week was the shooting of Walter Scott by North Charleston, South Carolina police officer Michael Slager. Scott, who is black, ran from a traffic stop, perhaps because he was afraid of being jailed for being delinquent on child support payments. It appears that Slager, who is white, gave chase on foot and caught Scott. Some type of scuffle ensued. Slager at least initially claimed that Scott sought to obtain control of his Taser during the struggle. A bystander captured video of the last moments of the scuffle, which ended with Scott breaking free of Slager and running away, apparently unarmed. Slager fired eight shots at Scott’s back as he fled, killing Scott. Slager has been fired from his job and charged with murder. CNN has the story here.
The incident has given a renewed impetus to the push to equip officers with body cameras. At least two bills are pending in the North Carolina General Assembly regarding cameras. The News and Observer discusses both bills in this article. H537 appears to have the better prospects, as it has attracted some Republican support. It would provide $10 million over the next two years to help fund the acquisition of cameras and generally would require all officers in counties with populations over 200,000 to wear cameras and record specified interactions with the public. A News and Observer editorial supporting the bill claims that the bill would cover about 60% of the state’s officers.
Private Citizens Initiating Criminal Charges
From time to time, I am asked about the right of private citizens to initiate criminal charges by approaching a magistrate. The arrest warrant statute, G.S. 15A-304, requires only that a magistrate be “supplied with sufficient information, supported by oath or affirmation” to find probable cause. The statute doesn’t limit the source of that information to law enforcement officers. As most readers know, it is common in North Carolina for private citizens to seek the issuance of an arrest warrant or a summons.
I have long thought that this was a distinctive feature of North Carolina law, but it seems to be somewhat more common than I believed.
Law Enforcement Use of Drones
Drones are remote-controlled aircraft. They can be equipped with cameras, and may be useful for surveillance. Does the use of drones by law enforcement officers raise any legal concerns?
The short answer is yes, in at least four ways.