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 […]
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 […]
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 […]
Dismissing a Probation Violation
Who can dismiss a probation violation?
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 […]
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 […]
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 […]
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 […]
All the Probation Effective Dates
Any person, felon or misdemeanant, can be on probation for up to 5 years. In some cases—assuming you did the extension just right—probation could be as long as 8 years. […]