Two vehicles, one traveling east and the other traveling south, arrive at approximately the same time at an intersection that is not marked by traffic signs or lights. Which vehicle may enter the intersection first?
When Agencies Disagree with Criminal Court Decisions
In criminal proceedings, court orders can affect other agencies. When the court imposes a sentence of imprisonment, the Division of Adult Correction has the responsibility of carrying it out. If the court issues a limited driving privilege in a traffic case, a person can drive even though the Division of Motor Vehicles has revoked the person’s license. A court may grant an expunction petition, requiring law enforcement agencies to destroy records of the criminal case. What happens if the affected agency believes that the order is unlawful? A recent decision, In re Timberlake (Oct. 18, 2016), provides some clarity about the procedures to follow, at least in the context of that case.
Failure to Allege, in an Application for a Search Warrant, that the Premises to Be Searched Is the Suspect’s Home
Sometimes officers have probable cause to believe that a person committed a crime, have probable cause that evidence of the crime will be found in the person’s residence, and seek a search warrant for the address at which the residence is located, but fail to include in the application a statement that the address in question is, in fact, the suspect’s home. What happens then?
News Roundup
The NC Department of Public Safety says that a portion of Neuse Correctional Institution was evacuated on Monday morning following a disturbance that started late Sunday afternoon. According to a press release, a small group of inmates “set two separate fires, one inside the prison’s diagnostic building and one that destroyed a storage shed.” The inmates also broke windows and damaged four dorms. Approximately 500 inmates were transferred to other prisons because of the damage. Keep reading for more news.
The Right Way to Find the “Under Supervision” Prior Record Level Bonus Point
A person convicted of a felony is eligible for an additional prior record point if “the offense was committed while the offender was on supervised or unsupervised probation, parole, or post-release supervision, or while the offender was serving a sentence of imprisonment, or while the offender was on escape from a correctional institution.” G.S. 15A-1340.14(b)(7). I call that point the “under supervision” bonus point. Though part of the defendant’s prior record level, the point is probably best thought of as an aggravating factor. A recent court of appeals case reminds us why.
Alleging Aggravating Factors in a DWI Prosecution
A defendant charged in district court with the misdemeanor crime of driving while impaired cannot ascertain from the charging document whether he is subject to sentencing at Level A1 (the most serious level) or Level 5 (the least serious). That’s because the aggravating factors that lead to elevated sentencing aren’t considered elements of the offense and thus are not required to be alleged in the charging instrument. Yet because those factors can increase the maximum punishment a defendant may receive, they must be proved beyond a reasonable doubt and, with the exception of prior convictions, be determined by a jury in superior court. And, for most charges of impaired driving prosecuted in superior court, the State must provide notice of its intent to seek aggravating factors. A case decided by the court of appeals last June, however, identifies an exception to this requirement for certain aggravating factors in driving while impaired prosecutions initiated in superior court.
North Carolina Court of Appeals Finds That Erroneous Completion of Juvenile Waiver of Rights Form Did Not Bar Admissibility of Confession
Last week, the North Carolina Court of Appeals in State v. Watson (October 18, 2016) ruled that an officer’s erroneous completion of a juvenile waiver of rights form did not bar the admissibility of the juvenile’s confession. This post will discuss North Carolina statutory law concerning juvenile warnings and rights and the Watson ruling.
Voter Crimes
It’s election season, and friends and family have asked me a few questions about crimes associated with voting. I’m not an expert on election laws – here at the School of Government, Bob Joyce is our go-to guy on such issues – but I’ve tried to respond correctly. Read on for the questions and answers.
News Roundup
As the News & Observer reports, the Orange County Republican Party headquarters in Hillsborough was firebombed and vandalized over the weekend. According to the report, “[a] flaming bottle was thrown through a window of the office” and an adjacent building was vandalized with paintings of a swastika and the phrase “Nazi Republicans leave town or else.” The incident drew the attention of both presidential candidates, and vice-presidential candidate Mike Pence and Governor McCrory each visited the headquarters. McCrory has offered a $5,000 reward for information leading to an arrest in the case. Keep reading for more news.
Tasers in the Jail
Today’s post discusses two recent federal cases involving the use of Tasers in North Carolina jails. (The post draws from an article I originally prepared for the North Carolina Jail Administrators’ Association newsletter.)