January 23, 2023
In response to the opioid crisis, North Carolina passed several protections designed to alleviate some of the legal liability surrounding drug use in the interest of harm reduction and public […]
January 5, 2023
I recently finished a paper on the law and practice of no-knock warrants in North Carolina. I went with the creative title, The Law and Practice of No-Knock Search Warrants in […]
December 14, 2022
The North Carolina Court of Appeals in State v. Eagle, 2022-NCCOA-680, ___ N.C. App. ___, 879 S.E.2d 377 (2022), considered whether the driver of a car that had already stopped […]
December 7, 2022
This post summarizes criminal and related decisions published by the Fourth Circuit Court of Appeals during November 2022. Cases of interest to state practitioners are summarized monthly. Previous Fourth Circuit […]
December 5, 2022
Shea posted here about a 2019 opinion from the Sixth Circuit holding that chalking tires for purposes of parking enforcement was a Fourth Amendment search and rejecting at least some […]
November 21, 2022
The Supreme Court of the United States has held that trash left for collection at the curb is not subject to a reasonable expectation of privacy and therefore may be […]
November 7, 2022
In State v. Parker, __ N.C. App. __, __ S.E.2d __, 2022 WL 4850255 (Oct. 4, 2022), the Court of Appeals considered the warrantless search of a vehicle that took […]
November 1, 2022
It has not been long since my last cannabis update, but there are some interesting new developments to report, most notably on drug identification and marijuana. Read on for the […]
October 19, 2022
In some states, when an officer conducts an investigative stop, the person stopped is legally required to identify himself or herself. For example, Utah Code § 77-7-15 provides that an […]
October 3, 2022
I was at the magistrates’ fall conference last week when a magistrate asked me whether an occupant of a dwelling could properly be charged with resisting, delaying, or obstructing a […]