Drug Users, Drug Sellers, and Probable Cause
Here’s a common fact pattern: Officers find a person in possession of drugs. The officers say, in effect, “we won’t arrest you if you’ll tell us who sold you the […]
What Constitutes Valid Consent When One Co-Occupant Consents and the Other Co-Occupant Does Not?
Generally, officers may obtain a valid consent to search only from a person whose reasonable expectation of privacy may be invaded by the proposed search. Sometimes two or more people—for […]
News Roundup
Reuters reported this week that Yahoo “secretly built a custom software program to search all of its customers’ incoming emails for specific information provided by U.S. intelligence officials.” Reuters says […]
North Carolina’s Voting Restriction for Felons
Almost all states place some limitation on felons’ right to vote. Those limitations—which can be traced from ancient political traditions of “civil death” for certain crimes to more recent history […]
Caught on Camera
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 […]
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 […]