My colleagues here have previously blogged about the impact of Rodriguez v. United States, 575 U.S. ___, 135 S. Ct. 1609 (2015), and my predecessor Alyson Grine created a handy chart summarizing North Carolina cases on the matter, found here. Rodriguez of course held that a traffic stop may not be extended beyond the time necessary to accomplish the purpose of the stop, absent reasonable suspicion or consent, and effectively overruled prior case law in NC allowing de minimis extensions of such stops. In December, the Court of Appeals issued a new, unanimous decision applying this rule in State v. Miller, ___ N.C. App. ____ (Dec. 20, 2016), temp. stay allowed, ___ N.C. ___ (Jan. 4, 2017). I found it noteworthy for the role that the officer’s body-camera footage played, as well as for the fact that the court applied plain error review to grant the defendant a new trial.
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Criminal Law and Protests
Protests are breaking out all over. This weekend, protesters gathered at RDU to oppose President Trump’s travel ban. Last weekend, participants in Women’s Marches took to the streets of Washington and Raleigh. This post considers the criminal law issues that most often arise during protests.
News Roundup
President Donald Trump recently tweeted that he will name his U.S. Supreme Court nominee on Thursday of next week. With the nomination on the horizon, various news outlets are weighing in on appointments to the federal judiciary: CBS News has a report saying that two judges, Neil Gorsuch and Thomas Hardiman, have emerged as the top contenders for the Supreme Court vacancy; Politico reports that Trump’s sister, Maryanne Trump Barry, is in favor of Hardiman, with whom she currently serves on the Third Circuit; The Volokh Conspiracy has a piece that discusses potential appointments to the circuit courts of appeal. Keep reading for more news.
Notice of the Duty to Register as a Sex Offender
When a defendant is convicted of a reportable sex crime, someone is required to give him or her notice of the duty to register. Who does it depends on whether or not the defendant receives an active sentence.
Attempted Assault Is a Crime
Reversing the Court of Appeals, the NC Supreme Court recently held, in State v. Floyd, that attempted assault is a crime in North Carolina.
North Carolina Supreme Court Upholds a Magistrate’s Finding of Probable Cause to Issue Search Warrant to Search Home for Drugs
On December 21, 2016, the North Carolina Supreme Court in State v. Allman upheld a magistrate’s finding of probable cause to search a home for drugs, and it reversed a contrary ruling in this case by the North Carolina Court of Appeals. The Allman ruling is the subject of this post.
Update on Fingerprints, Phones, and the Fifth Amendment
Can a court order a suspect to use the suspect’s fingerprint to unlock his or her smartphone? Or would that violate the suspect’s Fifth Amendment privilege against self-incrimination? I wrote about that issue here. This post updates the previous one with two new cases and some additional discussion.
News Roundup
Today in Washington, Donald Trump will be inaugurated as the forty-fifth President of the United States. By their nature, presidential inaugurations always are massive undertakings for law enforcement agencies. President-elect Trump’s is no exception, and news reports suggest that it may pose unique challenges. In addition to significant numbers of supporters, D.C. Police reportedly are preparing for many thousands of protestors to flock to the nation’s capital for the event. Keep reading for more news.
Announcing C-CAT 2.0
Several years ago the School obtained a grant from the Z. Smith Reynolds Foundation to create an online, searchable database of the collateral consequences of a criminal conviction in North Carolina. In 2012, after two years of legal and IT work, we launched the Collateral Consequences Assessment Tool, or C-CAT for short, to assist attorneys, reentry professionals, affected individuals, and policymakers in understanding the impact of a criminal conviction. We’re happy to announce we have given C-CAT a new look. It is available, still at no charge, at http://ccat.sog.unc.edu/.