News Roundup

195 new bills were filed in the North Carolina Senate yesterday, the deadline for filing new bills in that chamber this session. I haven’t reviewed all the new bills – or all the bills filed before yesterday, for that matter.  But a few items of interest include:

  • SB 520, which would expand the state’s indecent exposure law, possibly in response to the recent incident in Charlotte that I noted here
  • SB 579, which would allow the Commissioner of Agriculture to regulate concealed carry at the State Fair
  • SB 589, which would amend the habitual felon laws in a way that appears to be intended to clarify that previous convictions from New Jersey, which uses the term “crime” rather than “felony” as discussed here, would count
  • SB 613, the short title of which is “Prohibit Discriminatory Profiling”
  • SB 619, “Grey’s Law,” which would make various changes related to impaired driving and which I surmise is named after the DOT employee struck and killed just a few days ago
  • SB 641, which would expand eligibility for concealed handgun permits and limit sheriffs’ authority to investigate applicants and to impose application requirements not set forth in the statute
  • SB 684, which would require a judge considering a defendant’s proposed waiver of a jury trial to ask for and consider the State’s position, and determine whether the waiver is being “tendered in good faith and is not a tactic to procure an otherwise impermissible procedural advantage”

 

Of course, I should not omit mention of SB 559, which would make the Linville Caverns Spider the official state spider.

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The Fuel Efficiency of Law Enforcement Vehicles

I live in Durham, where the ELF is built. The ELF is a pedal-and-electric-powered reverse tricycle with an egg-shaped body and a solar panel roof. It is certainly unique. A 360-degree view is available here. Organic Transit, the company that builds the ELF, states that it “gets the equivalent of 1800 m.p.g.”

What does this have to do with criminal law? Well, the company recently introduced the Tactical ELF, designed to “give[] [law enforcement agencies] the tactical advantage for community policing.” An endorsement from Duke’s campus police comments that “It’s like a small patrol car.” I doubt that the ELF is going to be a mainstream law enforcement vehicle anytime soon, but it did get me thinking about the fuel efficiency of law enforcement vehicles generally. This post summarizes what I learned.

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Discovery and Testimony about an Expert’s Experience with Sexual Abuse Victims

The rules of thumb about expert testimony in child sexual abuse cases are (1) that an expert can’t testify that a child was, in fact, abused absent physical evidence, and (2) that an expert can testify to common characteristics or “profiles” of sexual abuse victims. A recent court of appeals case holds that even if the State doesn’t give notice of an expert’s opinion regarding victims’ characteristics, the expert has the leeway to discuss his or her own experiences with survivors of sexual abuse.

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News Roundup

I’ve had a couple of inquiries about this WRAL story, which begins: “A Charlotte man who stands at his front door naked is upsetting his neighbors, but police say he is not doing anything illegal.”

Granted, the indecent exposure statute, G.S. 14-190.9, requires that the exposure be in a “public place,” while this individual is inside his own home. However, without commenting on the specific facts of this case, I do not think that being inside one’s own home is necessarily a complete bar to being charged with indecent exposure. Cf. State v. Williams, 190 N.C. App. 676 (2008) (unpublished) (affirming an inmate’s conviction of indecent exposure where he exposed himself using “a food slot visible from the outside walkway” because “a reasonable probability existed that members of the general public [present in the jail] . . . might have witnessed defendant expose himself”); State v. King, 268 N.C. 711 (1966) (holding that the defendant’s car was a “public place” when it was parked in a business’s parking lot). Out of state cases, though of course decided under other statutes, also could support a charge under appropriate facts. See, e.g., State v. Blair, 798 N.W.2d 322 (Iowa Ct. App. 2011) (a defendant who was “facing forward in front of a bay window with the blinds partially pulled up while masturbating” was properly convicted of indecent exposure; “[b]eing in one’s home does not insulate a person from criminal liability for indecent exposure”); Wisneski v. State, 921 A.2d 273 (Md. 2007) (ruling that exposure to casual acquaintances in a living room was sufficiently public to constitute indecent exposure and collecting cases).

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New Crimes Supplement Now Available

North Carolina Crimes is one of the School of Government’s most indispensable criminal law titles. The latest and greatest annual supplement to the book is now available. The new cumulative supplement covers legislation enacted and case law decided from January 1, 2012, through December 31, 2014. Jessie Smith, the author of the main volume, prepared the supplement as well.

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Must a Pawn Shop Return Stolen Property to Its Owner?

Imagine that someone breaks into your house and steals something. Let’s say it’s a laptop. A week later, you see the laptop in a pawn shop. You want it back, but the shop owner says that he paid $200 for it. Must the shop owner give it back to you for free? Sell it back to you for what he paid for it? Or is he free to sell it to you on whatever terms the two of you negotiate?

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BATFE’s Proposed Bullet Ban

Regular readers know that I try to keep abreast of changes in gun laws, both because guns are involved in a significant number of serious crimes and because the gun laws themselves are often criminal provisions. There’s been considerable recent media coverage of a proposal by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to change the legal status of a specific type of ammunition. Depending on who you talk to, the move is either a technical reclassification that will improve officer safety at no significant cost to law-abiding gun owners, or President Obama’s first step towards gun control by executive action. As usual for a School of Government piece, this post doesn’t take a side, but does provide some facts.

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News Roundup

Nationally, the top story once again centers on Ferguson, Missouri. The United States Department of Justice made two announcements there this week. First, it announced that it would not charge former Ferguson officer Darren Wilson with any federal crime in connection with the shooting of Michael Brown. The memorandum explaining the decision is here. It exhaustively examines the available evidence and concludes in part:

Under the law, it was not unreasonable for Wilson to perceive that Brown posed a threat of serious physical harm, either to him or to others. When Brown turned around and moved toward Wilson, the applicable law and evidence do not support finding that Wilson was unreasonable in his fear that Brown would once again attempt to harm him and gain control of his gun. There are no credible witness accounts that state that Brown was clearly attempting to surrender when Wilson shot him. As detailed throughout this report, those witnesses who say so have given accounts that could not be relied upon in a prosecution because they are irreconcilable with the physical evidence, inconsistent with the credible accounts of other eyewitnesses, inconsistent with the witness’s own prior statements, or in some instances, because the witnesses have acknowledged that their initial accounts were untrue.

Second, the Department announced the results of its inquiry into the operation of the Ferguson Police Department more broadly. That report is here. It hits hard, including this statement from the summary:

Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson’s police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson community. Further, Ferguson’s police and municipal court practices both reflect and exacerbate existing racial bias, including racial stereotypes. Ferguson’s own data establish clear racial disparities that adversely impact African Americans. The evidence shows that discriminatory intent is part of the reason for these disparities. Over time, Ferguson’s police and municipal court practices have sown deep mistrust between parts of the community and the police department, undermining law enforcement legitimacy among African Americans in particular.

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