Confessions and Custody (April 15, 2009)
Jeff Welty
The Court of Appeals decided two Miranda cases last week: In re J.D.B, available here, and State v. Rooks, available here. The former is a very close juvenile case that […]
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April 15, 2009
The Court of Appeals decided two Miranda cases last week: In re J.D.B, available here, and State v. Rooks, available here. The former is a very close juvenile case that […]
READ POST "Confessions and Custody (April 15, 2009)"April 14, 2009
Several recent inquiries have been variants of the following question: can an officer administer field sobriety tests during a routine traffic stop? In other words, if an officer has reasonable […]
READ POST "Field Sobriety Tests During Traffic Stops (April 14, 2009)"April 6, 2009
In 2007, the General Assembly enacted the Eyewitness Identification Reform Act, G.S. 15A-284.50 et seq. The heart of the Act is G.S. 15A-284.52, which lays out rules for conducting lineups, […]
READ POST "Lineups, Showups, Undercover Buys, and G.S. 15A-284.52 (April 6, 2009)"March 18, 2009
The Court of Appeals released a number of opinions yesterday. Bob Farb will undoubtedly release his inimitable summaries shortly — to sign up to receive the summaries by email, go […]
READ POST "News Roundup (March 18, 2009)"March 16, 2009
The Sixth Circuit, sitting en banc, recently decided a very interesting Miranda case. Garner v. Mitchell, available here, is a capital case. The defendant stole a woman’s purse, took a […]
READ POST "Knowing and Voluntary Miranda Waivers (March 16, 2009)"March 11, 2009
According to a News and Observer story available here, MySpace has provided the Attorney General’s office with a list of 2,116 registered North Carolina sex offenders who were on MySpace. […]
READ POST "Sex Offenders on MySpace (March 11, 2009)"February 16, 2009
A couple of sessions ago, the General Assembly enacted G.S. 15A-211, which requires that custodial interrogations in homicide cases be recorded. The idea is to “eliminate disputes about interrogations,” id., […]
READ POST "Recording Interrogations (February 16, 2009)"February 13, 2009
I am teaching today, so I only have time for a quick post on a subject that crops up from time to time: how can the state compel access to […]
READ POST "Investigative Court Orders (February 13, 2009)"February 11, 2009
The News and Observer ran a story today about a piece of proposed legislation that would allow any law enforcement officer to search any probationer, for any reason, at any […]
READ POST "Searching Probationers (February 11, 2009)"February 2, 2009
Several days ago, I wrote a post about Herring v. United States and whether it is merely the first step in a significant narrowing of the exclusionary rule. It’s an […]
READ POST "Herring, Again (February 2, 2009)"