I would like to think that the blog is influential, but events this week called that hypothesis into question. Wake County Superior Court Judge Don Stephens ruled that concealed handguns may be prohibited at the State Fair, notwithstanding my suggestion here that the better reading of the law is otherwise. The AP story is here. In other news:
Jeff Welty
New Service: Fourth Circuit Case Summaries
Semi-retired faculty member Bob Farb has begun a new service that may be of interest to some readers. He is summarizing select published Fourth Circuit opinions. Generally, he will focus on criminal cases and civil cases that have a criminal law connection. For example, his first summary concerns Owens v. Baltimore City State’s Attorneys Office, ___ F.3d ___, 2014 WL 4723803 (4th Cir. Sept. 24, 2014), a civil case filed under 42 U.S.C. § 1983 alleging in part that law enforcement officers intentionally withheld exculpatory evidence in a murder case.
News Roundup
There was a lot of action at the United States Supreme Court this week. The new Term opened with Heien v. North Carolina, the burned-out brake light case where the legal issue is whether a traffic stop may be based on an officer’s reasonable mistake of law. The oral argument transcript is here, and a good recap of the issues on SCOTUSBlog is here. For those reading the tea leaves, SCOTUSBlog predicts that the Court will affirm the state supreme court and rule that a stop may be based on an officer’s reasonable mistake of law. The Court also heard a case about prison beard policies and religious rights, and granted certiorari on a case that asks whether an officer may extend a lawful traffic stop to ask a few off-topic questions or have a drug dog sniff the vehicle. I may post separately on the latter case. In other news:
Guns at the State Fair
Agriculture Commissioner Steve Troxler has stated that firearms, even those carried pursuant to a concealed carry permit, will be prohibited at the North Carolina State Fair, which opens next week. Grass Roots North Carolina, a gun-rights group, contends that the Commissioner’s policy is unlawful. In the post, I’ll explore the legal issue.
News Roundup
It has been a crazy week in Raleigh, what with the jail accidentally releasing an alleged sex offender, and a fracas unfolding over concealed carry at the upcoming State Fair. I’m planning to write a post next week on the latter issue, but today I’ve gathered important news about an upcoming Supreme Court case, surprising news about playoff baseball and crime rates, interesting news about sheriffs’ compensation, and an announcement about a new School of Government publication. Check it out!
Is Apple Intentionally Crippling Law Enforcement Access to Digital Evidence?
Apple recently announced new iPhones and a new operating system for its mobile devices. Amidst the hubbub, Apple also revealed that the new operating system would render it impossible for Apple to give law enforcement officers access to locked iPhones, even with a search warrant. Many in law enforcement aren’t happy about this, with FBI Director James Comey stating that he can’t understand why companies would “market something expressly to allow people to place themselves beyond the law.” But is that what’s going on?
New Look and Feel for the Blog
This blog is more than five years old, has had over 3 million visitors, and is still growing. Until today, it has never had a redesign. Starting now, you’ll notice a new look and feel. It’s not a radical departure from the past, but it is a cleaner design, and it is optimized for mobile use. Perhaps … Read more
News Roundup
Nationally, the news of the moment is that Attorney General Eric Holder will resign as soon as a successor is confirmed. California Attorney General Kamala Harris and Manhattan United States Attorney Preet Bharara are among those reputed to be candidates for the position. Holder is keeping busy even as he plans his departure. His resignation … Read more
Proving That Larceny of a Motor Vehicle Is a Felony
In some states, theft of an automobile is a felony regardless of the value of the vehicle. See, e.g., Fla. Stat. § 812.014. Not so in North Carolina. Motor vehicles don’t have any special status under our larceny statute, G.S. 14-72. Therefore, theft of an automobile is a misdemeanor unless the vehicle is worth more … Read more
News Roundup
Lots of interesting news this week, so let’s get right to it: Constitution Day. It was Constitution Day this week, the 227th anniversary of the constitutional convention’s proposal of what became our Constitution. Why not have Constitution Day on the anniversary of ratification? Because, as Kent Scheiddeger notes in this interesting post at Crime … Read more