Surveillance camera footage of crime scenes often helps law enforcement officers identify an unknown perpetrator. This kind of footage can be equally powerful at trial, convincing jurors that the person depicted in the video is the defendant in the courtroom. There are foundational requirements that the State must satisfy for the display or admission of such evidence, and the state’s appellate courts have reviewed them in a handful of recent cases.
Self-Defense Provides Immunity from Criminal Liability
So say two statutes enacted by the General Assembly in 2011 as part of its revision of North Carolina’s self-defense law. G.S. 14-51.2(e) and G.S. 14-51.3(b) both state that a person who uses force as permitted by those statutes—in defense of home, workplace, and vehicle under the first statute and in defense of self or others under the second statute—“is justified in using such force and is immune from civil or criminal liability for the use of such force . . . .” What does this protection mean in criminal cases? No North Carolina appellate cases have addressed the self-defense immunity provision. This blog post addresses possible implications.
Probable Cause and Search Warrants for Cell Phones
Law enforcement officers often seek search warrants for suspects’ cell phones. When they do, judicial officials must determine what sort of evidence is needed to support the issuance of a warrant. Many people have their phones with them at all times, and use their phones to document and discuss every aspect of their daily activities. Does that mean that when an officer has probable cause to believe that a suspect committed a crime, the officer automatically has probable cause to search the suspect’s cell phone for evidence of the crime? Or does the officer need a more specific nexus between the crime and the phone?
News Roundup
The officer-involved shooting of Keith Lamont Scott and the associated protests in Charlotte continue to be in the local and national news. Mecklenburg County Public Defender Kevin Tully gave his view on the unrest in Charlotte late last week on NPR’s All Things Considered. The Charlotte Observer reports that the Charlotte Police Department has announced that it will “reverse course and be more open about releasing videos of police shootings to victims’ families and the public.” The move comes after the department was reluctant to release footage of the Scott shooting in the days immediately following the incident. The Observer report notes that a new state law regarding law enforcement recordings, S.L. 2016-88, goes into effect on Saturday. As the Observer reports, the new law is generating controversy; some say it reduces law enforcement transparency and accountability while others view it as an improvement over the current patchwork of local policies regarding recordings. Keep reading for more news.
Unlawful Racing of Motor Vehicles
When I think of unlawful racing, scenes from old movies come to mind. I see guys (more specifically, James Dean and John Travolta) in white t-shirts and leather jackets behind the wheels of vintage Fords and Mercurys. Unfortunately, however, unlawful racing has not been relegated to the past. There were nearly 500 charges for unlawful speed competition in North Carolina last year, a misdemeanor offense that can result in the revocation of a person’s driver’s license as well as the seizure of the motor vehicle driven—not to mention serious injury or death.
An Officer’s Reasonable Mistake of Law and Recent Court of Appeals Ruling
The United States Supreme Court in 2014 ruled in Heien v. North Carolina, 135 S. Ct. 530 (affirming State v. Heien, 366 N.C. 271 (2012)), that an officer’s objectively reasonable mistake of law in making a stop or arrest is reasonable under the Fourth Amendment. Last week, the North Carolina Court of Appeals ruled in State v. Eldridge (September 20, 2016), that officer’s mistake of law when making a stop of a vehicle was not objectively reasonable based on the facts in that case. The Eldridge ruling is the subject of this post.
Ordering Occupants Out of Their Vehicles — And into Officers’ Cruisers
May an officer, during a traffic stop, order an occupant out of the stopped vehicle? Into the officer’s vehicle? The law on this question has become unsettled.
News Roundup
Protests erupted in Charlotte this week in response to an officer-involved shooting of a black man, Keith Lamont Scott, on Tuesday afternoon. The protests, to which law enforcement officers have responded by donning riot gear and using tear gas to disperse crowds, are making national news. One person was shot during the protests on Wednesday night. The Charlotte Observer reports that Governor McCrory has declared a state of emergency for the city and has deployed the National Guard and Highway Patrol troopers to assist local law enforcement. At the time of writing, there are conflicting reports regarding the circumstances of the Scott shooting. The Charlotte Police Department said that Scott was armed with a handgun when he was shot; some witnesses claim that he was reading a book. Keep reading for more news.
State v. Lindsey: Another Close Call on Probable Cause for DWI
Do the following facts provide probable cause to arrest for impaired driving?
An officer pulls behind a vehicle at a stoplight around 3 a.m. and sees that its registration is expired. He activates his blue lights, and the defendant turns into a nearby parking lot. When the officer approaches the car, the defendant tells him that his license is revoked for DWI. The officer smells a medium odor of alcohol coming from the defendant’s breath and sees that the defendant’s eyes are red and glassy. The officer performs an HGN test, noting 5 of 6 indicators of impairment. The defendant tells the officer that he had three beers at 6 p.m. the previous evening.
The court of appeals answered this question earlier this week in State v. Lindsey, ___ N.C. App. ___ (2016). Its answer, and the outcome of the case, may surprise you.