The man who authorities say was operating the boat that crashed into 17-year-old Sheyenne Marshall while she was knee-boarding on Lake Norman on July 4, 2015, killing her, faces charges for boating while impaired, a Class 2 misdemeanor, operating a vessel in a reckless manner, a Class 2 misdemeanor, and involuntary manslaughter, a Class F felony. After the accident, Marshall’s family lobbied the legislature for stiffer penalties for impaired boating. Less than a year after Marshall was killed, the General Assembly enacted Sheyenne’s law, which increases the penalties for impaired boating that causes death or serious injury to another.
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Pole Camera Surveillance Under the Fourth Amendment
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 times. But this tool may be subject to the Fourth Amendment restrictions. This post reviews the evolving case law, particularly since the United States Supreme Court ruling in United States v. Jones, 132 S. Ct. 945 (2012).
Jeff Welty in a 2013 post reviewed video surveillance generally, not just pole cameras, and discussed Jones and the few cases decided in light of its ruling. This post, after reviewing Jones, will discuss a few pole camera cases decided in federal courts since his post and whether officers should seek approval from a court before conducting pole camera surveillance.
Announcing Our New Podcast: Beyond the Bench
On behalf of the North Carolina Judicial College and the School of Government, I’m pleased to announce the launch of a new podcast about the court system. It’s called Beyond the Bench, and it is intended to be of interest to judges, lawyers, clerks, officers, and others who work in and around the court system. This post provides more detail about the project, but if you are ready to listen, you can get the podcast on the web here, or through the iTunes podcast store or on Stitcher.
News Roundup
Two officer-involved fatal shootings are making national headlines this week, in part because video of each shooting has been published on the internet. On Tuesday, Alton Sterling was shot and killed by a Baton Rouge police officer during an encounter at a convenience store where Sterling made a living selling CDs in the parking lot; Sterling reportedly had brandished a gun which prompted a 911 call and the police response. The front page of The Advocate, a Louisiana newspaper, has comprehensive coverage of the story. Wednesday, Philando Castile was fatally shot by a police officer during a traffic stop in a suburb of Saint Paul, Minnesota. Details of the story were developing at the time of writing. The New York Times has an early report here which suggests that a passenger in the car livestreamed the aftermath of the shooting to Facebook.
New Probation Condition for Felons: Mandatory Waiver of Extradition
In Session Law 2016-77, the General Assembly made some changes the law of probation, post-release supervision, and parole. Though styled as “an act to amend provisions of the Justice Reinvestment Act,” the latest legislation makes some changes that go beyond the 2011 JRA. Today’s post summarizes one of the changes: a new requirement for supervised felony probationers to make a prospective waiver of extradition.
Waiving the Assistance of Counsel in District Court Cases
Suppose that when a criminal defendant appears in court, he is advised of the right to have counsel appointed if indigent, tells the judge he wants to hire his own lawyer, and signs a written waiver of his right to appointed counsel. When the defendant next appears in court, he does not have a lawyer. May the judge rely on the waiver of appointed counsel to require the defendant to proceed, without inquiring whether the defendant wants the assistance of counsel?
News Roundup
With experts predicting that this Fourth of July weekend will be one of the busiest travel weekends in history, the News Roundup has tips for staying safe and obeying the laws on North Carolina roads. The NCDOT wants North Carolinians to be aware that new provisions in the State’s motor vehicle laws will go into effect beginning today, July 1st. Notably, registered mopeds now are required to carry liability insurance, and a new late fee has gone into effect for vehicle owners who fail to pay their registration renewal by the expiration date. Motorists can avoid road rage by taking note of construction work that may affect travel lanes along the interstates and lead to frustrating delays. Finally, the DOT warns that celebrations can quickly go from festive to fatal if you choose to drive after drinking – law enforcement agencies across the state are participating in Operation Firecracker, a campaign to get drunk drivers off the road. Stay safe, stay free, and keep reading for more news.
Running a Sentence Consecutively to an Anticipated Sentence
May the judge sentencing a conviction now order that it run consecutively to sentences the defendant might get in the future?
The Statutory “Four Corners” Rule When Determining Probable Cause for a Search Warrant
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 the warrant unless the information is either recorded or contemporaneously summarized in the record or on the face of the warrant by the issuing official. This is commonly known as the “four corners” rule because the issuing official and later a judge at a suppression hearing may only consider information within the four corners of the search warrant (with the limited exception mentioned above). The issue does not arise often in appellate court opinions. However, it was involved in the June 21, 2016, North Carolina Court Appeals case of State v. Brown, available here, and is the subject of this post.
One Case, Two Ways of Authenticating Video
Technologists tell us that we are in the age of ubiquitous video. It seems that almost everything is being recorded. Naturally, this means that more and more video recordings are being introduced in court. A recent decision by the court of appeals is a helpful reminder of the two primary methods of authenticating video.