News Roundup

A lot of attention was focused on Cupertino, California this week as Apple introduced a new iPhone and company founder Steve Jobs died. There’s a gossamer connection to the blog, since a previous version of the iPhone was the subject of this prior post. In other news: 1. Also in California, the DEA has begun … Read more

News Roundup

No single story dominated the criminal law world this week, but that doesn’t mean that it was a dull week by any stretch of the imagination. 1. The News and Observer reports here on Ty Hobson-Powell, a 16-year-old 1L at NCCU law. He’s got an impressive resume, having graduated from college in two years at … Read more

Empty Your Pockets

Can a police officer order a suspect to empty his or her pockets during a Terry stop? The New York Times reports on claims that New York officers do so regularly: Critics say that as part of the Police Department’s stop-and-frisk policy, officers routinely tell suspects to empty their pockets and then, if marijuana is … Read more

Guns in Parks

I’ve had a huge number of calls about one particular aspect of S.L. 2011-268, the omnibus gun rights bill enacted during the recently completed legislative session. The provision in question is Section 21.(b) of the bill, which limits municipalities’ authority to regulate guns in parks. Specifically, Section 21.(b) amends G.S. 14‑415.23 as follows: 14‑415.23.  Statewide … Read more

News Roundup

The national media has been buzzing all week about the execution of Troy Davis in Georgia. Davis was convicted of killing off-duty police officer Mark MacPhail. I haven’t followed the case closely, but for those interested in reading more about it, here is a piece that argues that Davis was innocent, and here is one … Read more

Jury Sequestration

These days, it seems as though there’s a trial of the century every week or two. Media coverage of court proceedings has never been more intense, even with Nancy Grace focused on Dancing with the Stars. The proliferation of smartphones, tablets, and other internet-connected devices has given jurors almost unlimited access to media reports, which … Read more

News Roundup

According to a recent AP poll, discussed here, only 8% of Americans said that they felt very confident about the “people who are running” blogs, while 47% lacked confidence in bloggers. Ouch! At least we are held in greater esteem than Congress. Click the link to see Americans’ views of the Supreme Court, the military, … Read more

A Trap for the Unwary Prosecutor

In recent years, courts have generally deemphasized formalistic compliance with procedural rules. But sometimes, procedural considerations can still make or break a case. Take, for example, State v. Oates, __ N.C. App. __ (2011), decided last week. The case began in a seemingly routine manner. The police searched the defendant’s house pursuant to a search … Read more

Out-of-State Requests for in-State Medical Records

From time to time, an officer from another state wants to get medical records from a North Carolina hospital. For example, a South Carolina officer may want the medical records of a driver who was involved in an accident just south of the border and who was taken to a North Carolina hospital. The officer … Read more