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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?

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 6^th 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.

This post summarizes criminal decisions published by the Fourth Circuit Court of Appeals during September 2022. Cases of interest to state practitioners are summarized monthly. Previous Fourth Circuit case summaries are available here.

Last week, President Biden issued this proclamation effectively pardoning “all current United States citizens and lawful permanent residents who committed the offense of simple possession of marijuana” in violation of federal law, including the laws of Washington, DC. It seems that no one will be released from prison as a result, as no one is in federal prison solely for marijuana possession, and marijuana possession has been permitted under DC law since 2014. However, the US Sentencing Commission’s analysis reveals that over 6,500 US citizens, and over 1,000 legal permanent residents, will have previous federal convictions wiped away under the pardon proclamation. I could not find a similar analysis of the effect of the pardon on DC convictions.

Of course, the vast majority of convictions for marijuana possession take place in state court. Here in North Carolina, there were almost 2,000 convictions for simple possession of a Schedule VI controlled substance last year alone. According to WCNC, Governor Cooper supports President Biden’s issuance of the blanket pardon. The Governor has said that “simple possession of small amounts of marijuana should not be a crime” and that he has “asked [his] lawyers to examine North Carolina law regarding simple possession of marijuana convictions and pardons to determine if there is action we can and should take.” If the Governor does take any action, we will of course cover it here. Read on for more news.

The North Carolina Judicial College was founded in 2005 to expand the education and training the School of Government has provided for judicial branch officials since the 1930s. Judicial College […]

On October 28, 2022, from 12:30pm to 2pm, the UNC School of Government Criminal Justice Innovation Lab will host a FREE webinar, Court Appearance Matters: Promoting Justice & Efficiency by Addressing the Problem of Missed Court Dates.

Missed appearances contribute to system-wide inefficiencies and case backlogs, use additional law enforcement resources, inconvenience victims and witnesses, and can result in collateral consequences for the person charged. However, data and experience suggest that most missed appearances are for low-level offenses and may be due to systemic barriers, such as lack of transportation or inability to take time off from work. Deliberate policies can address these barriers, ensure public safety, and improve efficiency.

We are excited to announce the launch of the completely revised and updated Collateral Consequences Assessment Tool!

Initially launched in 2012, the Collateral Consequences Assessment Tool, or C-CAT, is a central, searchable database created to help attorneys, policy makers, service providers, and affected individuals identify, assess, and contrast collateral consequences that may be triggered by a criminal conviction. The tool is available here at no cost.

There was a ton of criminal law news this week, but far and away the news item that I found most intriguing was this one about new food offerings at the State Fair. Rattlesnake corn dogs? Sign me up! And by that, I mean sign me up on the list of people who will never in a million years eat a rattlesnake corn dog! As far as actual criminal law news goes, the week’s top stories follow.

Wilmington News Station WECT broke the story Wednesday that Columbus County Sheriff Jody Greene was recorded in February 2019 making racially-charged comments to Jason Soles, then a Captain who had just been tapped as the temporary leader of the department. Greene’s tenure as sheriff was clouded with controversy from the get-go, beginning with a challenge to whether the recreational vehicle located on farmland he owned in Columbus County was his residence, an issue decided in Greene’s favor by the state elections board. That challenge led to the naming of Soles as caretaker for the department while the elections issues were sorted. Keep reading for more on this story.

What circumstances constitute custodial interrogation in a school setting? Who counts as a guardian or custodian for the purpose of a custodial interrogation of a juvenile? Under what circumstances can […]