July 26, 2016
Generally, custody occurs under Miranda when a suspect is handcuffed even if the suspect is not informed that he or she is under arrest for a crime. However, there are […]
July 19, 2016
By now, most court actors are familiar with the United States Supreme Court’s holding in Rodriguez v. United States, ___ U.S. ___, 135 S. Ct. 1609 (April 21, 2015) (discussed […]
July 12, 2016
Placing a video camera on a utility pole and conducting surveillance can be a useful law enforcement tool to gather information without requiring an in-person presence by officers at all […]
July 6, 2016
(Author’s note: The concluding paragraph of this post was amended after its publication to include the number of outstanding warrants and orders for arrest on July 1, 2016.) Every year, […]
June 29, 2016
The U.S. Supreme Court waded into the murky waters of implied consent law this term in Birchfield v. North Dakota. The opinion it issued last week clarified important aspects of […]
June 28, 2016
G.S. 15A-245 provides that information other than that contained in a search warrant affidavit may not be considered by the issuing official in determining whether probable cause exists to issue […]
June 14, 2016
Probably the most litigated issue involving Miranda v. Arizona is the meaning of custody under its ruling that requires law enforcement officers to give prescribed warnings when conducting custodial interrogation. […]
June 8, 2016
Before I became a lawyer, I finished everything ahead of time. Term paper? Completed two weeks early. Trip? Packed a week in advance. Taxes? Filed in February. Alas, those days […]
June 6, 2016
Last year, a panel of the Fourth Circuit decided United States v. Graham, 796 F.3d 332 (4th Cir. 2015). The panel ruled that “the government conducts a search under the […]
June 1, 2016
There aren’t very many federal cases about North Carolina probation. When we get one, I’m inclined to write about it. In Jones v. Chandrasuwan, __ F.3d __ (4th Cir. 2016), […]