A federal judge in Utah recently invalidated the part of Utah’s sex offender registry that requires each registrant to provide his “[i]nternet identifiers and . . . addresses . . . [and] the name . . . of all websites on which the sex offender is registered.” Doe v. Shurtleff, 2008 WL 4427594 (D. Ut. Sept. 15, 2008) (quoting Utah Code Ann. § 77-27-21.5(12)(i) & (j)). This raises some questions about the constitutionality of North Carolina’s new requirement that sex offenders provide “[a]ny online identifier that the person uses or intends to use.” G.S. 14-208.7(b)(7) (eff. May 1, 2009). . .
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Herring, Again
Several days ago, I wrote a post about Herring v. United States and whether it is merely the first step in a significant narrowing of the exclusionary rule. It’s an important issue — so important, in fact, that the New York Times ran a story on it Friday. The story is an interesting read, tracing … Read more
For Whom the (ahem) Period of Probation Tolls
If you’ve been reading the paper, you know the Division of Community Corrections (Probation) has been under a microscope lately. Since the killings of UNC undergraduate Eve Carson and Duke graduate student Abhijit Mahato in 2008, both allegedly committed by probationers, Probation has been taking a hard look at its policies and procedures. One change … Read more
Searching Cell Phones Incident to Arrest
Nearly 90% of American adults have cell phones. When one of those cell phone users is arrested, may police search their mobile phone incident to arrest? The Fourth Circuit recently answered that question in the affimative. See United States v. Murphy, __ F.3d __, 2009 WL 94268 (4th Cir. Jan. 15, 2009). The defendant in … Read more
State v. Wooten and Satellite Monitoring of Sex Offenders
Like about half the states, North Carolina monitors certain sex offenders by satellite. The General Assembly first enacted our satellite-based monitoring (SBM) program in 2006, requiring lifetime monitoring of recidivists, aggravated offenders, and sexually violent predators, and monitoring for a period of years determined by the court for offenders whose crime involved the physical, mental, … Read more
Crimmigration Resource
With almost 7% of North Carolina’s population now being foreign-born, it has become increasingly important for criminal lawyers on both sides to understand the interplay between criminal law and immigration law. The relationship between the two bodies of law is most important in cases involving immigrant defendants who are neither citizens (citizens, generally, cannot lose … Read more
Herring v. United States and the Future of the Exclusionary Rule
Earlier this month, the United States Supreme Court decided Herring v. United States, no. 07-513, a case that raises interesting questions about the future of the exclusionary rule. An officer learned that the eventual defendant, Herring, was at the impound lot, retrieving items from his impounded truck. The officer was apparently familiar with Herring, and … Read more
Use of Initials in Charging Documents
Third Update: The use of initials appears to be a floor below which a criminal pleading may not fall. In In re M.S., the court of appeals held that a juvenile petition that identified a sex offense victim only as “a child” was inadequate. Second Update: The Court of Appeals has approved the use of … Read more
