A UNC School of Government Blog
Jeff Welty 
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
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
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
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
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
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
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
The top story of the week was really several stories — the News and Observer’s three-piece series on Tracey Cline, the District Attorney in Durham County. As a Durham voter, a News and Observer subscriber, and someone who works closely with prosecutors, I’m going to refrain from editorializing about the series. You can read the … Read more
The court of appeals decided State v. Howard earlier this week. The opinion addresses several issues, but I want to focus on what is sometimes called the connected crimes doctrine, which allows the state to introduce evidence of uncharged crimes closely related to a charged offense notwithstanding Rule 404(b)’s limitations on evidence of uncharged bad … Read more
Under G.S. 15A-534.1, when a defendant is charged with assault, stalking, communicating threats, or certain other crimes against “a spouse or former spouse or a person with whom the defendant lives or has lived as if married,” a judge, rather than a magistrate, must set the defendant’s bond. The same rule applies when a defendant … Read more