More than a trillion text messages are sent each year in the United States alone. Some of these messages are work-related communications from law enforcement officers to fellow officers, witnesses, prosecutors, and others. Which, if any, of these messages are discoverable? How should officers preserve discoverable messages? Must prosecutors ask for officers’ text messages before providing discovery to the defense? This post begins to address these questions.
News Roundup
The first week of the new year has been unusually cold and a mid-week winter storm created dangerous travel conditions across much of North Carolina. The Highway Patrol already had responded to hundreds of weather-related collisions at the time of writing, and frigid conditions are expected to cause hazardous conditions into the weekend. Thanks to law enforcement, emergency response, and other government agencies for their efforts during and after the storm. Stay safe and keep reading for more news.
Some Additional Thoughts on the New Cost and Fine Waiver Procedures
With the work of the court system picking up steam after its holiday pause—perhaps with an additional interruption for winter weather in some parts of the state (stay safe, everyone)—questions are rolling in about the new notice and hearing procedures for waivers and remissions of costs, fines, and restitution.
Swatting: An Ill-Defined Crime with Potentially Deadly Consequences
I learned a new word on my drive home yesterday: swatting. Ari Shapiro, host of NPR’s All Things Considered, explained in this report that swatting occurs when a person falsely reports a crime in an effort to cause a large group of officers or a SWAT (Special Weapons and Tactics) team to converge on the scene. The prank is associated with video gamers who reportedly have used it as a form of revenge as well as entertainment.
Criminal Law Holiday Movies (You Might Be Surprised)
I’ve been saving this post for the holidays because it suits the season and, after a long break, it seemed like a good way to start back to work (at least for me). What’s your favorite criminal law holiday movie? It’s hard to pick just one.
News Roundup
On Monday morning, a man detonated a pipe bomb inside a subway corridor in New York, seriously injuring himself but, because the device malfunctioned, not causing serious harm to anyone else. Apparently intending to carry out a devastating suicide attack, Akayed Ullah posted a message on his Facebook page saying “Trump you failed to protect your nation,” and set off for the Port Authority Bus Terminal in Manhattan with a homemade pipe bomb strapped to his torso. The device did not fully detonate, likely sparing many lives. Ullah has told investigators that he carried out the attack for the Islamic State, and he has been charged with several terrorism offenses.
Keep reading for the final blog post of the year – the North Carolina Criminal Law blog is signing off for the holidays and wishing our readers a safe and happy season. We’ll have new posts beginning January 2.
Adequate Notice of a Probation Violation: State v. Moore
When it comes to giving proper notice of a probation violation, what is the critical thing: identifying the condition actually violated, or describing the behavior constituting the violation? The supreme court tells us in State v. Moore.
Questions and Resources about Searches of Cloud Storage
If a law enforcement officer obtains a search warrant for a suspect’s cell phone, may the officer use the phone to access cloud storage to which it is linked? For example, may the officer click on the Dropbox icon on the phone’s home screen and see what’s there?
A Look Around the Country at the Admissibility of Evidence in Drugged Driving Cases
Last week I wrote about studies examining the prevalence of driving with drugs in one’s system. Research has shown that an increasing number of drivers have detectable drugs in their symptoms. What we don’t yet know is how many of those drivers are impaired by drugs and whether the incidence of drug-impaired driving is increasing.
We do know, of course, that drug-impaired driving is dangerous. Policy-makers in North Carolina and elsewhere have attempted to combat the problem by enacting zero-drug-tolerance laws and provisions that prohibit driving with a threshold of a drug or its metabolites in one’s body. And law enforcement officers across the country have created detection protocols that are geared specifically toward the drug-impaired driver rather than a driver impaired by alcohol.
Notwithstanding these measures, drug-impaired driving continues to be prosecuted in North Carolina and other states under statutory schemes and law enforcement protocol that were primarily written and developed to deter, detect and punish alcohol-impaired driving.
Courts across the country are increasingly being required to consider how those schemes and that protocol apply to drug-impaired driving prosecutions. This post will summarize recent court rulings on the admissibility in drugged driving prosecutions of (1) evidence regarding a defendant’s performance on field sobriety tests, (2) testimony about the effects of certain drugs, and (3) lay opinion testimony about the person’s impairment. It will also review recent opinions regarding the quantum of proof necessary to establish drug-impaired driving. It will conclude with a case that demonstrates why drugged driving is a matter of serious concern.
Comparing Our Criminal Justice System to Mexico’s
Last week, I had the opportunity to help provide training to Mexican criminal justice professionals. The training included Mexican police, prosecutors, and forensic experts from multiple jurisdictions. I learned a great deal, and thought I would share my impressions briefly for those who are interested.