Returns and Inventories for Computer Search Warrants

More and more criminal investigations involve searches of computers and other digital devices. It is sometimes difficult to apply long-established search and seizure law to the practical realities of digital investigations. One example of this phenomenon concerns the preparation of the return and the inventory after the execution of a search warrant,  a topic of … Read more

News Roundup

The North Carolina Bar Association’s Criminal Justice Section had its annual awards dinner last night. As always, it was an inspiration. Senior Deputy Attorney General Jim Coman received the Peter Gilchrist award as an outstanding career prosecutor, and Guilford County Public Defender Fred Lind received the Wade Smith Award as an outstanding career defense attorney. … Read more

How Should the Police Respond to a Report of a Man with a Gun?

Case study: the Neenah stop. Recently in Neenah, WI, a woman called the police to report a man with a gun strapped to his back walking down the street. The call was placed to the non-emergency police number and the caller didn’t report that the man was doing anything threatening, but she did suggest that … Read more

News Roundup

The biggest news of the week may be that Frank Perry, the Secretary of the Department of Public Safety, has authorized a one-drug protocol for lethal injection, replacing the three-drug “cocktail” system previously in effect. WRAL has the AP story here. The story states that the new protocol will “slightly loosen the legal knot that’s … Read more

News Roundup

We’ve long believed that the North Carolina Criminal Law Blog is the best, but now we have proof. A reader pointed me to this list of blogs run by law professors. Our traffic would put us among the top 25 blogs on the list. More significantly, we would be the only single-state blog in the … Read more

Growth of Chapter 14

Counting the number of sections in a chapter of the General Statutes is pretty dull work. But doing it over and over again in order to see the growth in a single chapter over time may yield interesting results. In preparation for a panel discussion about overcriminalization this evening, I counted the number of sections … Read more

Concealed Carry in Parks and on Playgrounds

Can a concealed carry permit holder carry a concealed handgun in a park? On a playground? The legislature has changed the law in this area twice in recent years and I get lots of questions about it. This post summarizes the basics. Concealed weapons generally are forbidden. Carrying a concealed weapon of any kind, including … Read more

News Roundup

I was busy at the judges’ and prosecutors’ conferences this week, but somehow, the world didn’t stop turning. Among the week’s top stories: A new edition of the North Carolina Defender Manual, Vol. 1, Pretrial, is now available. Word to the wise: the manual isn’t just useful for defense attorneys. It offers detailed coverage of … Read more

Testimony about Tracking

More and more criminal cases involve electronic tracking. Sometimes the defendant is tracked using GPS, other times using cell site location information. Either way, interesting evidentiary questions arise. May an officer who knows how to use a tracking device testify about tracking, even if she doesn’t know much about how the underlying technology works? Who … Read more

News Roundup

Over the past three weeks, two convicted murderers in Florida have escaped from prison by forging bogus “motions to reduce their respective sentences and . . . court orders granting the request.” Florida is prosecuting a third inmate for unsuccessfully attempting the same scheme. A prosecutor whose name was forged by the inmates released a … Read more