Bob Farb’s Arrest, Search, and Investigation in North Carolina for years has been an indispensable resource for people who work in the North Carolina criminal justice system. The book is a comprehensive treatment of the law governing the investigation of criminal offenses in our state and is widely relied upon by law enforcement officers, district attorneys, criminal defense attorneys, and judges.
News Roundup
The Washington Post reports that sixteen U.S. Postal Service employees have been sentenced for their participation in a drug trafficking scheme in the Atlanta area. The Post story says that mail carriers and clerks accepted bribes to facilitate the transportation of cocaine, intercepting and hand delivering packages of contraband during the course of their normal mail delivery duties. The story also notes that while the Atlanta situation involving employees knowingly participating in drug distribution is unusual, drug traffickers increasingly are distributing their products through the mail and prefer using the Postal Service to private commercial carriers. Keep reading for more news.
A Feast of Criminal Law
Because of the short Thanksgiving week stateside, it has been a couple of weeks since my last blog post. I want to use this post to catch up on the goings-on here, both Thanksgiving and criminal justice related.
Total Split Sentence Exposure
A judge can order special probation (a split sentence) at sentencing or in response to a violation of probation. If a judge does both, what is the maximum amount of time the defendant may be incarcerated?
New Districts and District Attorneys in 2019
2019 won’t be the only new number you’ll need to adjust to come January 1. On that date, most of North Carolina’s prosecutorial districts also will have new numbers. Several of them will also have newly elected district attorneys.
Myers McNeill and What Happens When Reasonable Suspicion Dissipates
Last week, the court of appeals ruled that during a traffic stop, an officer may require a driver to produce his or her license and may run computer checks on it — even when the reasonable suspicion that initially supported the traffic stop has been dispelled before the officer asks for the license. This issue comes up regularly and has divided courts in other jurisdictions, so I thought it worth discussing here.
News Roundup
With Thanksgiving upon us, North Carolinians are preparing for a long holiday weekend and this will be the last post of the week for the blog. We hope our readers have a relaxing time with friends and family. Of course, a prerequisite to relaxation is safe travel during this historically busy time on the state’s highways. WLOS reports that beginning on Wednesday the State Highway Patrol will station troopers every 20 miles on I-40 to ensure that everyone is following the rules of the road. The NC DOT says that law enforcement officers across the state are conducting a Thanksgiving “Click it or Ticket” campaign – last year’s effort involved 428 checkpoints and the discovery of more than 40,000 traffic and criminal violations (#pulledover). Enjoy the holiday and keep reading for more news.
The Legality of CBD: Caveat Emptor
Chances are you’ve heard of CBD products. Many cities around North Carolina have stores specializing in CBD products, and it’s widely available online and in ‘vape’ shops. It’s marketed for its health benefits and is touted as a safe and legal (if largely unregulated) treatment for a variety of conditions, from depression to inflammation to cancer and acne. I was recently asked to look at the law surrounding CBD products, and this post summarizes what I found.
Purple Paint and Trespass
I’ve been asked a few times about the meaning of purple bars painted on trees. At a recent class, someone showed me the relevant statute, which led me to learn a little more about it. This post lays out what I know.
News Roundup
The first News Roundups published in each of the last two years have noted that increasing bipartisan support for federal criminal justice reform had caused many to believe that an overhaul of the system was imminent. On Wednesday, President Donald Trump announced his support for a legislative package known as the First Step Act that would bring significant changes to the federal system. News reports say that, among other things, the legislation would reduce the severity of the federal “three strikes” penalty, make the reduced sentencing disparity between crack and powder cocaine retroactive, and allow judges greater discretion to avoid imposing mandatory minimum sentences in some cases. The bill also would create programs to improve prison conditions, including prohibiting the shackling of pregnant inmates. Keep reading for more news.