New Cases Hold that Using a Stingray Is a Search
Several years ago, I wrote about law enforcement use of cell site simulators, or Stingrays, noting that “[t]here’s a controversy about the legal status of these devices.” This post discusses […]
News Roundup
Remember that officer in Utah who handcuffed the nurse who refused to draw blood from an unconscious patient? CNN reports that he has been fired. Keep reading for more news.
Probation Officers’ Use of Naloxone and the Good Samaritan Law
Like many government agencies, Community Corrections is working to address the opioid epidemic. (Jeff wrote about some of the other things the government is doing here.) Under a new administrative […]
State v. Thompson Tells a Tale of Two Facebook Screenshots
After Roshawn Thompson picked up his cousin Kendall Rascoe from the Greenville mall in November 2014, Thompson and a friend, Andre Grey, robbed Rascoe at gunpoint. At Thompson’s armed robbery […]
Appeals of Expunction Decisions
A short opinion issued recently by the Court of Appeals, State v. J.C., ___ N.C. App. ___ (Sept. 19, 2017), concerns two open questions about appellate review of a trial […]
Should an Officer Use His or Her Personal Cell Phone to Take Work-Related Photographs?
I’ve been asked several times lately whether it is a good idea for an officer to use his or her personal cell phone to take work-related photographs, such as photographs […]
News Roundup
On Sunday evening, the deadliest mass shooting in modern American history occurred at a country music concert in Las Vegas. Armed with more than 20 guns, some modified for increased […]
Better Than Ever: A New Criminal Case Compendium
As many blog readers know, I’ve been offering my free Criminal Case Compendium since 2008. The Compendium is a collection of U.S. Supreme Court, Fourth Circuit & published N.C. criminal […]
The Prior Probation Violation Aggravating Factor
One of the statutory aggravating factors for felony sentencing is that the defendant has, during the 10-year period prior to the commission of the offense now being sentenced, been found […]
State v. Huey: Repeatedly Insinuating that the Defendant Was a Liar Was Improper but Not Prejudicial
The North Carolina Supreme Court decided State v. Huey on Friday, reversing the court of appeals’ determination that the State’s closing argument unfairly prejudiced the defendant in his trial for […]