Articles in the Uncategorized category - Page 85 of 154

This November, North Carolina voters will be asked to vote for or against a “Constitutional amendment to implement a nonpartisan merit-based system that relies on professional qualifications instead of political influence when nominating Justices and judges to be selected to fill vacancies that occur between judicial elections.” If voters approve the amendment, what will change about the way judges are selected in North Carolina?

In Carpenter v. United States, __ U.S. __, __ S.Ct. __, 2018 WL 3073916 (June 22, 2018), the Supreme Court ruled that when the government obtains long-term, historical cell site location information (CSLI) about a person, it conducts a Fourth Amendment search  and so “the Government must generally obtain a warrant supported by probable cause before acquiring such records.” I previously blogged about Carpenter here.

That post referenced the possibility of using a court order supported by probable cause in lieu of a search warrant. The idea behind that suggestion was that some of the statutory execution procedures associated with search warrants are an awkward fit for this type of order. For example, G.S. 15A-252 requires that an officer executing a warrant must “read the warrant and give a copy of the warrant application . . . to the person to be searched, or the person in apparent control of the premises . . . to be searched.” In a case involving CSLI, is the officer supposed to read the warrant to Verizon? Or to the suspect, even though he or she will not be present at the search? But since I wrote my prior post, I’ve been asked several times whether using a court order based on probable cause in place of a search warrant would really be permissible. This post attempts to answer that question.

On Monday, state and federal law enforcement agencies raided three “full-fledged” casinos operating in Robeson County, according to the Fayetteville Observer.  The Observer says that the casinos were located in warehouses in various locations within the county, and that they were being run by members of the Tuscarora Indian Nation Sovereignty Territory.  As the News & Observer explains in another piece about the raids, the “Tuscarora are a federally recognized tribe in New York with ancestral roots in North and South Carolina,” though none of the groups identifying as Tuscarora in North Carolina have received federal recognition.  Keep reading for more news.

Suppose that law enforcement becomes aware of criminal activity taking place through a website, like the distribution of child pornography or the sale of illegal drugs. Can officers use computer hacking techniques and malware to identify users who accessed the website? Would the officers need a search warrant to do that? What kind of a search warrant? This post tackles those questions.

Late last week, Justice Department special counsel Robert S. Mueller indicted 12 Russian intelligence officers for allegedly meddling in the 2016 presidential election.  This week, as a result of an FBI investigation separate from the special counsel, the Justice Department indicted Russian national Maria Butina for illegally acting as an agent of the Russian government in an effort to influence American politics.  Butina allegedly posed as a graduate student at American University while working covertly to develop contacts within political groups in an effort to advance policies favorable to Russia.  Keep reading for more news.

It’s hard to believe, but this blog is almost ten years old. Google Analytics reports that thousands of people use the blog every day, and as far as we can […]

On Tuesday, President Donald Trump nominated Judge Brett Kavanaugh to fill Justice Anthony Kennedy’s seat on the United States Supreme Court.  Kavanaugh has served on the United States Court of Appeals for the D.C. Circuit since 2006 and once was a clerk for Justice Kennedy.  As the New York Times reports, before serving on the D.C. Circuit Kavanaugh worked for independent counsel Kenneth Starr and later worked for President George W. Bush.  Going back further, Kavanaugh and Justice Gorsuch, also a former Kennedy clerk, went to high school together.  Keep reading for more news.

Late last week a man involved in a long running dispute with Annapolis newspaper the Capital Gazette stormed the paper’s newsroom with a shotgun, killing five people and wounding several others.  The Gazette itself has extensive coverage of the incident.  Reports suggest that the suspect, Jarrod W. Ramos, had been upset with the Gazette for some time because of an article the paper ran in 2011 regarding his guilty plea to a criminal harassment offense.  Ramos tried unsuccessfully to sue the paper for defamation and otherwise harassed Gazette staff over several years.  He has been charged with five counts of first-degree murder.  Yesterday, newsrooms across the country held a moment of silence for the victims at 2:33 pm, marking the precise time of the attack a week earlier.  Keep reading for more news.

Suppose that Officer Oxford is investigating a murder. Oxford believes that Steve Smith is the killer, and that the murder weapon is in Smith’s house. Oxford approaches Magistrate Martin with a search warrant application. The heart of the application is Oxford’s sworn affidavit, which lays out the evidence establishing probable cause. G.S. 15A-245(a) provides that “[b]efore acting on the application, the issuing official may examine on oath the applicant.” Should Magistrate Martin swear Oxford and ask Oxford to explain the case? Or should Martin ask Oxford to sit quietly while Martin reviews the written application?

On Wednesday, Justice Anthony Kennedy announced that he would retire from the United States Supreme Court at the end of July.  Kennedy’s retirement has been long-rumored and was made official with a short letter of resignation which he hand-delivered to President Donald Trump on the afternoon of the final day of the Court’s 2017-18 term.  Kennedy has been widely characterized as the Court’s swing justice because of his liberal view on some issues and conservative view on others.  The New York Times compiled a list of some of the Court’s major decisions where Kennedy’s vote was seen as decisive.  Keep reading for more news.