Sometimes, after a defendant has been arrested for a crime, an Immigration and Customs Enforcement (ICE) officer will file an immigration detainer with the agency that has custody of the defendant. The detainer asks the agency to notify ICE when the defendant would otherwise be eligible for release — for example, because the defendant has posted bond, or because the charges against the defendant have been dismissed — and to hold the defendant for up to 48 hours thereafter to enable ICE to take custody of the defendant. I have often wondered about the authority for holding a defendant pursuant to such a detainer. Recent developments indicate that courts are increasingly wondering about that too.
Search and Seizure
State Supreme Court Issues Significant Rulings on HGN Evidence and Blood Draws in DWI Cases
Two of last week’s opinions from the North Carolina Supreme Court address significant legal issues arising in impaired driving cases. In State v. Godwin, the supreme court reversed the court of appeals, holding that the trial court was not required to explicitly recognize a law enforcement officer as an expert witness before the officer could testify to the results of a Horizontal Gaze Nystagmus (HGN) test. In State v. Romano, the supreme court upheld the court of appeals’ determination that the withdrawal of blood from an unconscious impaired driving defendant violated the Fourth Amendment, notwithstanding a state statute authorizing this practice.
North Carolina Statutory Requirements Concerning How to Conduct Lineups and Show-ups
Live and photo lineups and show-ups implicate constitutional and statutory requirements. This post will focus on the statutory requirements. For constitutional requirements, see pages 594-98 in Arrest, Search, and Investigation in North Carolina (5th ed. 2016).
County of Los Angeles v. Mendez: Excessive Force Claims and the End of the Provocation Rule
Suppose a law enforcement officer enters the front door of your home without a warrant. You are asleep when he enters, but wake up when you hear the door open. You pick a gun up from your nightstand and walk toward the front door.
The officer sees you coming toward him with the gun pointed in his direction.
Is it reasonable for him to shoot you? Is the entity that employed the officer liable for your injuries?
The Independent Source Exception to the Exclusionary Rule under the United States Constitution
I discussed the inevitable discovery exception in my last post. This post will discuss the independent source exception, particularly the United States Supreme Court cases of Segura v. United States, 468 U.S. 796 (1984), and Murray v. United States, 487 U.S. 533 (1988), and related North Carolina cases. It should be noted that the independent source exception was initially adopted in Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920), and can apply to investigations involving Fourth, Fifth, or Sixth Amendment violations.
The Inevitable Discovery Exception to the Exclusionary Rule under the United States Constitution
Two important exceptions to exclusionary rules under the federal constitution were adopted by the United States Supreme Court within a month of each other in 1984: (1) the inevitable discovery exception in Nix v. Williams, 467 U.S. 431 (1984), and (2) the independent source exception in Segura v. United States, 468 U.S. 796 (1984); see also the later case of Murray v. United States, 487 U.S. 533 (1988). These two exceptions continue to be litigated. This post will discuss the inevitable discovery exception, and my next post will discuss the independent source exception.
May an Officer Run a Motorist’s Criminal Record During a Traffic Stop?
An officer who stops a motorist for a traffic infraction may run a computer check on the driver’s license and may check for outstanding warrants. The results of these checks may determine how the officer proceeds. For example, if a check reveals that the driver’s license is revoked, the officer may charge the driver with DWLR and may direct the driver that he or she cannot drive the vehicle away from the location of the stop.
May an officer also check a motorist’s criminal record? Such historical information is less likely to dictate the officer’s course of action. But knowing whether a motorist has a record of violent crimes may help an officer determine how cautious he or she must be while completing the stop. This post discusses whether an officer may take time to run a motorist’s criminal record, and summarizes two recent cases on point.
Hot Pursuit of a Suspect Within and Outside North Carolina
This post reviews what is commonly known as “hot pursuit” of a suspect to make an arrest outside an officer’s territorial jurisdiction. Note, however, that the actual term in G.S. 15A-402(d) is the “immediate and continuous flight” by a suspect from an officer’s territory. Also, although the statute is specifically confined to an officer’s arrest authority, court cases include other law enforcement actions such as investigative stops and searches.
Status of North Carolina Court of Appeals Cases Before the North Carolina Supreme Court on the Scope of a Traffic Stop under Rodriguez v. United States
In Rodriguez v. United States, 135 S. Ct. 1609 (2015), the United States Supreme Court significantly limited the scope of a traffic stop. It is almost exactly two years since the ruling, and appellate court opinions throughout the country are still proliferating. And so have our faculty’s blog posts: Jeff Welty has written relevant posts here, here, here, here, and here, Alyson Grine here and here, Shea Denning here, Phil Dixon here, and my posts are here, here, and here. This post summarizes Rodriguez and three North Carolina Court of Appeals rulings that are currently before the North Carolina Supreme Court.
When Does a Seizure Occur When an Officer’s Vehicle Displays Emergency Lights That Directs a Vehicle to Stop?
Jeff Welty wrote a post in 2010 on when a seizure occurs after an officer operates emergency lights to order a driver to stop his or her vehicle. This post updates his post by summarizing the relatively recent North Carolina Court of Appeals case of State v. Mangum, ___ N.C. App. ___, 795 S.E.2d 106 (Dec. 6, 2016), review denied, ___ N.C. ___, 2017 WL 1086917 (March 16, 2017), which ruled on this issue and provides a useful summary of the case law in North Carolina and other jurisdictions.