State v. Smith: Dog Alerts and Particularized Suspicion
Shea Denning
Last August, the court of appeals in State v. Smith, ___ N.C. App. ___, 729 S.E.2d 120, temp. stay granted, __ N.C. __, 731 S.E.2d 179 (mem.) (2012), decided an […]
October 4, 2012
Last August, the court of appeals in State v. Smith, ___ N.C. App. ___, 729 S.E.2d 120, temp. stay granted, __ N.C. __, 731 S.E.2d 179 (mem.) (2012), decided an […]
Read post "State v. Smith: Dog Alerts and Particularized Suspicion"September 12, 2012
I’ve updated my paper on traffic stops, which a fair number of people have said they found useful. It covers reasonable suspicion, the scope of a stop, termination of a […]
Read post "Updated Paper on Traffic Stops"September 11, 2012
Y’all may be tired of reading about sentencing in impaired driving cases, particularly if you’ve read this entire bulletin. But I’m hoping the reader-market will bear a few more sentencing-related […]
Read post "DWI and Serious Injury to More than One Person"August 23, 2012
Jeff wrote earlier this week about the court of appeals’ opinion in State v. Osterhoudt (August 21, 2012). Jeff’s post dealt with the court’s substantive analysis of whether the police […]
Read post "State v. Osterhoudt and motions procedures in implied consent cases"August 21, 2012
A good rule of thumb is that most interesting impaired driving appeals come from Pitt County. Whether that is related to ECU’s ranking as a top five “party school,” I […]
Read post "Stopped for “Normal” Driving"August 15, 2012
I’ve heard folks say that there is criminal law . . . and then there is impaired driving law. What I think they mean is that while impaired driving is, […]
Read post "All You Ever Wanted to Know about DWI Sentencing But Were Afraid to Ask"August 14, 2012
Can an officer’s visual estimate of a vehicle’s speed, uncorroborated by radar, pacing, or other techniques, support a speeding stop? The Fourth Circuit has been whipsawing back and forth on […]
Read post "Back and Forth on Visual Estimates of Speed"August 9, 2012
May an officer prolong a routine traffic stop for four and a half minutes to allow a drug dog to sniff the exterior of the vehicle–even if the officer lacks […]
Read post "State v. Sellars: De Minimis Delay for Dog Sniffs Permissible"August 2, 2012
Every so often, someone asks whether a person must have a driver’s license to drive a moped on a public street in this state. The answer is no—provided that the […]
Read post "Driving Mopeds on North Carolina Streets"July 26, 2012
[Editor’s Note: We are continuing to experience difficulty with our email subscription function. In attempting to remedy the problem, our hard-working technical folks accidentally sent two test email notifications to […]
Read post "2012 Amendments to Teenage License Revocation Law"