Double Bond

Last session, the General Assembly added a new subsection to the principal pretrial release statute, G.S. 15A-534. The new provision took effect on December 1, 2013, and has proven to be extremely frustrating to magistrates. It also raises some legal issues. The provision states: When conditions of pretrial release are being determined for a defendant … Read more

News Roundup

It is ACC tournament time, and basketball competition among North Carolina’s universities is fierce. U.S. News has just released its annual law school rankings, meaning that competition among the state’s law schools is also fierce. Duke takes top honors, cracking the coveted top 10. (Well, tied for number 10, anyway.) UNC and Wake Forest are … Read more

The Community Caretaking Exception to the Warrant Requirement

The court of appeals recently expanded the community caretaking exception to the warrant requirement, entering a national controversy over the proper scope of the doctrine. This post explains the exception and the disagreement about its proper application. Background: United States Supreme Court. The doctrine was first recognized by the United States Supreme Court in Cady … Read more

News Roundup

In Chapel Hill, the top story is District Attorney Jim Woodall’s decision not to charge former UNC employee Deborah Crowder in connection with the athletic/academic/no-show classes scandal. The Herald Sun has the story here, but the key detail is that the decision not to prosecute was based in part on Crowder’s ongoing cooperation, both in … Read more

News Roundup

The SBI is investigating allegations that nude photographs of middle and high school students have been posted on photo-sharing site Instagram without the students’ consent. The investigation began in Wake County but has now reached eight additional counties as well. WRAL has the story here. I imagine that the images first came into circulation through … Read more

Armed Habitual Felon

Last year, I wrote a paper about North Carolina’s habitual felon, violent habitual felon, and habitual breaking and entering laws. Around the time the paper came out, the General Assembly passed S.L. 2013-369, a broad bill concerning firearm regulations. The new law adds a new habitual offense, the offense of armed habitual felon. I’ve had … Read more

News Roundup

WRAL reports here on the top local story this week: the SBI is “looking into allegations that former Wake County court employees improperly released jail bondsmen from their obligations to pay bond forfeitures.” It sounds as though criminal charges may be forthcoming. Other sources indicate that one or more employees of the clerk’s office have … Read more

News Roundup

I usually listen to sports talk radio on the way to work – normally Mike and Mike – but I mix in a little NPR when the conversation lags. This week, I turned the dial just in time to catch this terrific story about exonerations, which reported that “[a]t least 87 people were set free … Read more

Search Warrants for Meth Labs

I’ve had several questions lately concerning search warrants for meth labs. The basic issue is whether officers who find hazardous chemicals and other dangerous items may destroy them right away, before the defendant has a chance to examine and test them. Related questions include whether a judge has the power to authorize such destruction when … Read more