May an Officer Run a Motorist’s Criminal Record During a Traffic Stop?
An officer who stops a motorist for a traffic infraction may run a computer check on the driver’s license and may check for outstanding warrants. The results of these checks […]
Hot Pursuit of a Suspect Within and Outside North Carolina
This post reviews what is commonly known as “hot pursuit” of a suspect to make an arrest outside an officer’s territorial jurisdiction. Note, however, that the actual term in G.S. […]
News Roundup
A shocking murder transfixed the nation this week and led to a multi-state manhunt that ended Tuesday with the perpetrator’s suicide. In Cleveland on Sunday, Steve W. Stephens posted a […]
New Deferral Program for Unauthorized Immigrants Charged with NOL
A few weeks ago, I wrote about a Stanford University study suggesting that granting driver’s licenses to unauthorized immigrants improves overall traffic safety. That approach is not an option in […]
Jail Credit Applied to Split Sentences
When imposing a split sentence, the court has a choice to make about what to do with whatever pretrial jail credit the defendant might have in the case. Apply it […]
Walker, Jacobs, and the Importance of Preserving the Record
Two weeks ago, the SOG hosted over 50 public defenders, contract attorneys, and private assigned counsel at its annual Felony Defender training. The training provides guidance to lawyers transitioning to […]
Insanity, Clinical Standards, and Expert Testimony
In Moore v. Texas, which I discussed here, the Supreme Court of the United States held that courts must rely on current clinical standards when determining whether a defendant is […]
News Roundup
The News & Observer reports that the General Assembly has passed a bill that reduces the number of judges on the North Carolina Court of Appeals from fifteen to twelve. […]
When Does Paddling Become Child Abuse?
Many–perhaps even most–parents paddle, spank, or otherwise use physical force to discipline their children. This kind of discipline is generally viewed by law enforcement officers, prosecutors, and the courts as […]
Status of North Carolina Court of Appeals Cases Before the North Carolina Supreme Court on the Scope of a Traffic Stop under Rodriguez v. United States
In Rodriguez v. United States, 135 S. Ct. 1609 (2015), the United States Supreme Court significantly limited the scope of a traffic stop. It is almost exactly two years since […]