In a series of posts I’ve been discussing bail reform, including highlighting pilot programs underway in North Carolina. In 2018, I worked with stakeholders in North Carolina’s Judicial District 30B (Haywood and Jackson counties) to help them identify and implement a basket of pretrial reforms. One of those reforms involves a new citation in lieu of arrest program. This reform includes implementation of a law enforcement-approved tool for patrol officers to encourage the increased use of citations in lieu of arrest for certain misdemeanors, in the officer’s discretion. The tool is a Cite or Arrest Pocket Card. Although the overall 30B project was a collaborative, multi-stakeholder endeavor, only the law enforcement community participated in the creation of the Pocket Card. The content of the card is reproduced below; in reality it’s a bright blue laminated card, the same size as the Miranda Warnings card.
Category Archives: Search and Seizure
A bill has been introduced in the legislature that would allow for GPS tracking of domestic violence offenders. Has that been tried elsewhere? Would it be constitutional? Would it open the door to tracking other types of people? This post tackles those questions. Continue reading →
The court of appeals decided State v. Shelton, ___ N.C. App. ___ (2019) yesterday, determining that the evidence of the defendant’s impairment was sufficient when he took impairing drugs hours before crashing his vehicle into a pedestrian after his brakes failed. Two aspects of the case are of particular interest: (1) the court’s evaluation of the sufficiency of the evidence in a case where no one opined that the defendant was impaired; and (2) how the State obtained evidence that drugs remained in the defendant’s system in the first place.
When law enforcement officers execute a search warrant authorizing the search of a private residence, they may detain, while the search is carried out, any occupant they discover on the premises. Michigan v. Summers, 452 U.S. 692 (1981). Officers do not need individualized suspicion that such a person is engaged in criminal activity justify his or her detention. The person’s mere presence on the premises subject to the search is sufficient to justify the seizure under this categorical rule. Muehler v. Mena, 544 U.S. 93 (2005).
If a person leaves the immediate vicinity of the premises just before officers execute the warrant, the person may not be detained based on the search warrant alone. Instead, any such detention must be supported by reasonable suspicion that criminal activity is afoot. Bailey v. United States, 568 U.S. 186 (2013).
But what about a person who approaches a house while a warrant is being executed? Is that person an occupant who may be detained without particularized suspicion? The North Carolina Supreme Court recently considered that question in State v. Wilson, ___ N.C. ___, 821 S.E.2d 811 (2018).
During a Terry stop, an officer who has reasonable suspicion that a suspect is armed and dangerous may frisk the suspect and may confiscate any weapons that the officer finds. Does an officer have the same authority during a traffic stop? In other words, if an officer reasonably suspects that a driver is in possession of a gun, even lawfully, may the officer confiscate the gun for the duration of the stop as a safety precaution? What about during a consensual encounter between an officer and a pedestrian? Continue reading →
For our last official criminal justice class, we heard from five more teams of students about their research projects. (At the students’ request, we also scheduled an extra evening session to watch the third best movie ever made about the law and lawyers—answer at the end of this post.) Once again, the students worked on a wide range of topics and, once again, I learned from the students. Here are some quick takeaways along with a brief discussion of one of the topics—double jeopardy, or more accurately, the absence of double jeopardy protections in the UK. Continue reading →
What do the topics in the title of this blog post have in common? They were the focus of the students’ criminal justice presentations this week. Nine teams of students, two on each team, have been researching and preparing their presentations throughout the semester. Here are some of my takeaways from the first set of presentations. Continue reading →
Last week, the court of appeals ruled that during a traffic stop, an officer may require a driver to produce his or her license and may run computer checks on it — even when the reasonable suspicion that initially supported the traffic stop has been dispelled before the officer asks for the license. This issue comes up regularly and has divided courts in other jurisdictions, so I thought it worth discussing here. Continue reading →
What’s the most inconsequential criminal offense in North Carolina? My personal favorite is sale of immature apples, a Class 3 misdemeanor under G.S. 106-189.2. But take a look at the list of Class 3 misdemeanors compiled by the Sentencing Commission and make your case in the comments.
Whatever your answer, now consider this: could a court properly issue a search warrant if there were probable cause to believe that evidence of a very minor crime was in a person’s home? Suppose that a sheriff’s office receives a report that a vendor is selling immature apples at a farmers’ market. A deputy applies for a search warrant for the home of the vendor in question on the basis that she likely has receipts and other evidence of the crime in her house. May a judicial official issue the warrant? Or are there some offenses that are so minor that the “cure” of the search warrant is worse than the “disease” of allowing the crime to go unpunished? Continue reading →
Is a suspect’s race relevant when determining whether the suspect’s consent to search is voluntary? In a recent case, the court of appeals stated that it may be. Continue reading →