A few weeks ago, I mentioned that a Florida jury divided on the proper sentence for Parkland shooter Nikolas Cruz, with the result that he was to receive a sentence of life without parole. The formal sentencing hearing took place this week, and while the outcome was a foregone conclusion, many surviving victims and relatives of deceased victims addressed the court – and the defendant. Their words were sometimes raw and angry, and at other times preternaturally compassionate. Excepts from their statements appear in a number of stories about the sentencing hearing, including from CNN and the Associated Press.
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Fall 2022 Cannabis Update
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 details.
The Civilianization of Law Enforcement
Law enforcement agencies are having difficulty recruiting and retaining sworn officers. The situation is “a crisis for law enforcement,” according to the International Association of Chiefs of Police. This local article highlights some of the numbers here in North Carolina. At the time it was written, the Raleigh Police Department was short 150 officers, Winston-Salem was short 20%, and Asheville was short 41%. The Marshall Project offers a contrary view here, arguing that federal jobs data don’t support the concern, but most law enforcement leaders I’ve talked to recently are profoundly worried about staffing, recruitment, and retention. Can the increased use of civilians to do jobs formerly done by sworn personnel be part of the solution?
News Roundup
If you’ve been to Walmart lately, you know that there are hardly any cashiers anymore. The retail giant seems intent on getting us all to use its self-checkout kiosks where shoppers scan their own merchandise and bag it too. Pretty much every time I shop there, the kiosk alerts, suggesting that I may have “missed a scan.” I flag down the harried employee who is supposed to be keeping an eye on at least a half-dozen kiosks, and he or she straightens things out. But beware the shopper who actually does miss a scan . . . or perhaps misses several scans. Fox News reports that “[a] Michigan woman is being charged after allegedly stealing items from Walmart by not scanning all of her items at the self-checkout.” I was initially outraged on behalf of Walmart shoppers everywhere, though my outrage diminished significantly upon reading that surveillance footage allegedly shows the shopper in question failing to scan over $1000 in goods over a period of months. Keep reading for more news.
Findings in Support of Sex Offender Registration after State v. Fuller
Most crimes on the list of reportable offenses automatically and mandatorily require registration upon conviction. As discussed in an earlier post, however, some crimes require registration only if the sentencing court orders it. After I wrote that post, the Supreme Court of North Carolina issued an opinion on what findings can properly support a trial court’s conclusion that a conviction will require sex offender registration. Today’s post discusses that case, State v. Fuller, 2021-NCSC-20, ___ N.C. ___, ___ S.E.2d ___ (Mar. 12, 2021).
Violation of an Undisciplined Court Order Resulting in Delinquency Adjudication
Is it legally permissible to adjudicate a juvenile delinquent based on that juvenile’s violation of an order for protective supervision in an undisciplined matter? The North Carolina Court of Appeals says yes. The court upheld the practice of adjudicating a juvenile delinquent following an admission to indirect contempt related to violation of an order issued in an undisciplined case in In re B.W.C., 2022-NCCOA-590 (September 6, 2022). This post details the court’s holding and explores ramifications of the decision.
When an Officer Threatens to Seek a Search Warrant if a Suspect Doesn’t Consent to a Search, Is the Suspect’s Subsequent Consent Rendered Involuntary?
Suppose an officer is investigating a report of drug sales at a home. The officer sends an informant in to make a controlled buy from the suspected dealer. The informant comes out of the house with drugs and a report that the dealer has a large additional quantity of illicit substances remaining in the house. The officer decides that it would be a good time to bust the dealer, so the officer approaches the home, knocks on the door, and the dealer answers. The officer explains the situation and says, “I’m asking for consent to search your house. If you don’t consent, I’ll go apply for a search warrant because I think I have probable cause. So, can I search?” The dealer says yes, but later argues that his consent was not voluntary and that he merely acquiesced given the threat of the warrant. What’s the law?
News Roundup
Steve Bannon, former aide to President Trump, faces sentencing today on two misdemeanor counts of contempt of Congress. The charges arise from his failure to respond to a subpoena from the House Select Committee to Investigate the January 6th Attack on the United States Capitol. There are two counts because Bannon neither (1) provided documents nor (2) appeared to testify. There are two major issues for the sentencing judge. The first is what sentence to select. As is routine in federal court, a probation officer has filed a report that includes a calculation of the applicable sentencing range under the advisory federal sentencing guidelines. The report concludes that the proper range is 1 to 6 months in prison. The government is asking for 6 months, while Bannon is asking for probation. The second issue is whether to delay the effective date of any sentence pending Bannon’s appeal. The planned appeal concerns whether Bannon should have been allowed to introduce evidence that he relied on the advice of his lawyers in declining to respond to the subpoena and therefore lacked the requisite mens rea for the offense. Pundits seem to believe that the judge may grant a stay pending appeal, but we’ll know for sure shortly. CNN has a primer here. Keep reading for more news.
Is North Carolina a Stop and Identify State Now?
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 officer may “may demand the individual’s name, address, date of birth, and an explanation of the individual’s actions.” Stop and identify statutes were generally deemed constitutional in Hiibel v. Sixth Judicial Dist. Court of Nev., 542 U.S. 177 (2004), but North Carolina has never adopted one. Did a recent decision by the Court of Appeals turn North Carolina into a “stop and identify” state anyhow?