All the Probation Response Options
I can’t be the only one who has a tough time keeping track of what sanctions are permissible in response to different types of probation violations in different types of […]
The Light Just Turned Yellow for Retrograde Extrapolation
I wrote in September 2015 that the court of appeals’ view of the admissibility of retrograde extrapolation under Daubert did not look much different from its take on the admissibility […]
Evidence Rule 803(8) and the Admissibility of Police Reports
Suppose that a law enforcement officer testifies for the State in a criminal case and is unable to remember some aspects of his investigation. The prosecutor shows the officer his […]
May an Officer Search a Vehicle Incident to an Arrest for DWI?
In Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court of the United States ruled that an officer may “search a vehicle incident to a recent occupant’s arrest only […]
News Roundup
As the New York Times reports, the United States Supreme Court heard oral argument this week in Packingham v. North Carolina, a case that presents the question of whether prohibiting […]
North Carolina’s Warrantless Search Conditions
In North Carolina, probationers, post-release supervisees, and parolees are subject to warrantless searches—sometimes by a probation-parole officer, sometimes by law enforcement officers. The statutory conditions that apply to each type […]
May Teachers Search Students’ Cell Phones?
I have a “friend” whose teenage son was caught using his cell phone in class. The teacher saw him using it and took the phone. She looked at the phone […]
North Carolina Supreme Court Rules That Juvenile’s Request to Call Mother During Custodial Interrogation Was Not Clear Invocation of Statutory Right to Consult a Parent or Guardian To Bar Further Interrogation
Two months ago, the North Carolina Supreme Court in State v. Saldierna, ___ N.C. ___, 794 S.E.2d (Dec. 21, 2016), reversed the North Carolina Court of Appeals, State v. Saldierna, […]
How’s a Magistrate to Know Whether a Confidential Informant Is Reliable?
Search warrant applications are often based on information from confidential informants. Whether the informant is reliable is critical. Information from a reliable informant is often sufficient to establish probable cause, […]
News Roundup
Earlier this week the SBI executed a search warrant at a Hoke County administrative office, taking control of the building Monday afternoon and searching it for several hours. County officials […]