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. […]
Meet the New IDS Assistant Director and General Counsel
The Office of Indigent Defense Services (IDS) is responsible for providing legal representation for indigent defendants and respondents in North Carolina. It is a small agency with a big job, […]
Searches of Vehicles and Occupants Based on the Odor of Marijuana
May an officer search a motor vehicle based on the officer’s detection of the odor of marijuana coming from the vehicle? May the officer search the occupants of the vehicle? […]
News Roundup
Trial began this week in Oregon for Ammon Bundy and six codefendants facing various charges stemming from their armed occupation of the Malheur National Wildlife Refuge earlier this year. The […]