News Roundup

There must be some sort of planetary alignment taking place today: Duke, UNC, and NC State all play in the NCAA men’s basketball tournament, the new iPad goes on sale, and best of all, it is time for another news roundup. 1. This week’s headlines center on Forsyth County, because the state supreme court just … Read more

Scope of Consent to Search a Vehicle

Yesterday, I wrote about a pair of recent cases about weaving within a lane of travel. Today, I want to mention another pair of recent cases related to automobiles. Last month, the court of appeals decided, on the same day, two cases that address the scope of a suspect’s consent to search a vehicle. In … Read more

Weaving and Reasonable Suspicion

Two recent cases from the court of appeals have added to our state’s weaving jurisprudence. One of them is a pretty big deal, as I’ll explain below. But first, the background. G.S. 20-146 requires that “[a] vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from … Read more

News Roundup

The New Hanover County courthouse was closed yesterday to deal with “bedbugs . . . discovered by court personnel,” the News and Observer reports here. Yuck. In other news: 1. The General Statues posted on the General Assembly’s website are now current though January 5, 2012, so they’re essentially completely up to date. They’re certainly … Read more

Legal Apps

The School of Government is considering whether to enter the world of smartphone and tablet apps as a vehicle for conveying legal information. Given my love of gadgets, you can imagine how enthusiastic I am about this possibility! For example, we could develop an app that would serve as a mobile legal reference for law … Read more

News Roundup

There’s a lot going on this week! The removal hearing in Durham concerning District Attorney Tracey Cline has ended, with Superior Court Judge Robert Hobgood promising a decision Friday morning. The dispute over consent searches in Fayetteville has taken a new turn, with a judge entering a temporary restraining order requiring the city to lift … Read more

Larceny of a Motor Vehicle

There’s a popular video game — or really, series of video games — called Grand Theft Auto. And many states have a crime called grand theft auto, or have some other theft offense that is specific to motor vehicles. In fact, according to this handy chart from the National Conference of State Legislatures, it appears … Read more

News Roundup

I can’t stop writing about Fayetteville! The city council’s 120-day moratorium on consent searches by the police during traffic stops came under fire this week from several angles. First, the Attorney General’s office issued an advisory letter concluding, in essence, that a municipal government can’t take away a power granted by a state statute — … Read more

Interrogation in Jail or Prison Isn’t Always “Custodial”

Under Miranda v. Arizona, 384 U.S. 436 (1966), before an officer may begin a custodial interrogation of a suspect, the officer must advise the suspect of certain rights, such as the right to remain silent. One might think that when an officer questions a jail or prison inmate, the setting is necessarily custodial. The case … Read more

Consent DVPOs without Findings of Fact Are Void ab Initio

The court of appeals recently decided Kenton v. Kenton, a civil case of major significance for criminal lawyers. In a nutshell, a wife sought a domestic violence protective order (DVPO) against her husband. A district court judge entered a consent DVPO, finding that “[t]he parties agree to entry of this order without express findings of … Read more