Recent blog posts - 157 of 396

News Roundup (November 30, 2018)

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.

READ POST "News Roundup (November 30, 2018)"

Myers McNeill and What Happens When Reasonable Suspicion Dissipates (November 26, 2018)

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.

READ POST "Myers McNeill and What Happens When Reasonable Suspicion Dissipates (November 26, 2018)"

News Roundup (November 21, 2018)

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.

READ POST "News Roundup (November 21, 2018)"

The Legality of CBD: Caveat Emptor (November 20, 2018)

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.

READ POST "The Legality of CBD: Caveat Emptor (November 20, 2018)"

News Roundup (November 16, 2018)

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.

READ POST "News Roundup (November 16, 2018)"

A Different Approach to “Collateral” Consequences of a Conviction (November 15, 2018)

In recent years North Carolina has made several reforms in the field of collateral consequences, expanding opportunities for expunctions of convictions, authorizing courts to issue certificates of relief to limit collateral consequences, and requiring that licensing agencies consider whether a nexus exists between applicants’ criminal conduct and their prospective duties, among other factors. See G.S. 93B-8.1. The changes are helpful but incremental. Our most recent criminal justice class challenged the extensive reliance on collateral consequences in the U.S., the effectiveness of current remedies, and ultimately barriers to reintegration into society of people who have previously been convicted of a crime.

READ POST "A Different Approach to “Collateral” Consequences of a Conviction (November 15, 2018)"