More than a trillion text messages are sent each year in the United States alone. Some of these messages are work-related communications from law enforcement officers to fellow officers, witnesses, prosecutors, and others. Which, if any, of these messages are discoverable? How should officers preserve discoverable messages? Must prosecutors ask for officers’ text messages before providing discovery to the defense? This post begins to address these questions.
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News Roundup
The first week of the new year has been unusually cold and a mid-week winter storm created dangerous travel conditions across much of North Carolina. The Highway Patrol already had responded to hundreds of weather-related collisions at the time of writing, and frigid conditions are expected to cause hazardous conditions into the weekend. Thanks to law enforcement, emergency response, and other government agencies for their efforts during and after the storm. Stay safe and keep reading for more news.
Some Additional Thoughts on the New Cost and Fine Waiver Procedures
With the work of the court system picking up steam after its holiday pause—perhaps with an additional interruption for winter weather in some parts of the state (stay safe, everyone)—questions are rolling in about the new notice and hearing procedures for waivers and remissions of costs, fines, and restitution.
News Roundup
On Monday morning, a man detonated a pipe bomb inside a subway corridor in New York, seriously injuring himself but, because the device malfunctioned, not causing serious harm to anyone else. Apparently intending to carry out a devastating suicide attack, Akayed Ullah posted a message on his Facebook page saying “Trump you failed to protect your nation,” and set off for the Port Authority Bus Terminal in Manhattan with a homemade pipe bomb strapped to his torso. The device did not fully detonate, likely sparing many lives. Ullah has told investigators that he carried out the attack for the Islamic State, and he has been charged with several terrorism offenses.
Keep reading for the final blog post of the year – the North Carolina Criminal Law blog is signing off for the holidays and wishing our readers a safe and happy season. We’ll have new posts beginning January 2.
Adequate Notice of a Probation Violation: State v. Moore
When it comes to giving proper notice of a probation violation, what is the critical thing: identifying the condition actually violated, or describing the behavior constituting the violation? The supreme court tells us in State v. Moore.
Questions and Resources about Searches of Cloud Storage
If a law enforcement officer obtains a search warrant for a suspect’s cell phone, may the officer use the phone to access cloud storage to which it is linked? For example, may the officer click on the Dropbox icon on the phone’s home screen and see what’s there?
Comparing Our Criminal Justice System to Mexico’s
Last week, I had the opportunity to help provide training to Mexican criminal justice professionals. The training included Mexican police, prosecutors, and forensic experts from multiple jurisdictions. I learned a great deal, and thought I would share my impressions briefly for those who are interested.
News Roundup
As the Charlotte Observer reports, a hacker attacked Mecklenburg County’s computer systems this week, locking the county out of its electronic files and demanding a ransom of two bitcoins to provide an encryption key. At the time of writing, two bitcoins were worth roughly $30,000. On Wednesday, Mecklenburg County Manager Dena Diorio said that the county will not pay the ransom and, instead, will fix the situation itself. The sensational story has become national news.
New Resource for Juvenile Defenders
This fall is manual season, and I am excited to announce the release of the 2017 edition of the North Carolina Juvenile Defender Manual. Like our other indigent defense manuals, this online manual can be viewed at no charge. If you’re interested in purchasing a soft-bound version of the manual, available later this month, visit this page.