A UNC School of Government Blog
Jeff Welty 
I’ve been asked a couple of questions related to forfeiture lately, which has led me to realize that I don’t know much about it. So I’ll offer a little information below, and in exchange, will ask for some information from readers who know whether, and how, forfeiture is being used around the state. Forfeiture generally … Read more
I’ve been busy with New Prosecutors’ School this week. Working on the course, which we co-sponsor with the Conference of District Attorneys, is one of the best parts of my job. I’m always inspired by the enthusiasm, dedication, and professionalism of the assistant district attorneys who attend the school. Even though my full attention has … Read more
The Fourth Circuit decided a case recently involving members of MS-13. The case involves an interesting Confrontation Clause issue regarding the use of gang experts, which I’ll mention at the end of this post, but I thought that the description of the gang itself was compelling enough to warrant a post: La Mara Salvatrucha, otherwise … Read more
The News and Observer reported last week that “Duke University police arrested a Louisburg woman . . . for attempting to steal an infant [from] Duke Hospital.” It sounds as though she’s been charged with abduction of children in violation of G.S. 14-41. (I speculate that she wasn’t charged with kidnapping because of a concern … Read more
The past week has seen Earth Day, the first round of the NFL draft, and continued travel repercussions from the massive cloud of volcanic ash coming from Iceland. (Best Iceland joke I’ve heard: It was the Icelandic economy’s final wish that its ashes be scattered all over the EU.) It has also seen several interesting … Read more
The scope of a suspect’s consent to search is determined objectively, by “what . . . the typical reasonable person [would] have understood by the exchange between the officer and the suspect.” Florida v. Jimeno, 500 U.S. 248 (1991). There is a split of authority regarding whether a reasonable person would understand consent to search … Read more
The court of appeals issued several opinions yesterday. Among the most interesting is State v. Hopper, a case that addresses when an officer’s mistaken beliefs can support an investigative stop. The defendant in Hopper was driving on Piedmont Circle, a loop road in an apartment complex in Winston-Salem. It was raining heavily. An officer noticed … Read more
Regular readers of this blog know that I’m interested in electronic gadgets. One of my favorites is my Apple iPhone, so I’ve watched with great interest the saga unfolding over at Gizmodo, a leading gadget blog. (This will eventually connect to North Carolina criminal law, I promise.) The basic facts appear to be as follows: … Read more
As always, there’s a lot going on in the world of criminal law. 1. The headline news is, of course, Justice Stevens’s announcement that he will retire this summer. He’s 90 and has been on the Supreme Court since 1975. Wow! Speculation about who will replace him is rampant; those who want to read the … Read more
Under G.S. 20-154(a), “before starting, stopping or turning from a direct line [, a driver] shall first see that such movement can be made in safety . . . and whenever the operation of any other vehicle may be affected by such movement, shall give a signal as required” by law. A violation of this … Read more