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 […]
A Trip to DART Cherry
Last week, through a North Carolina Judicial College program, a group of judges, lawyers, and clerks visited DART Cherry, the state’s lone residential chemical dependency treatment facility for male probationers […]
Three Things about NC’s Seat Belt Law You May Not Know
State law has mandated seat belt use by North Carolina motorists for more than thirty years. The seat belt law has, however, changed a bit over time. As a result, […]
North Carolina Court of Appeals Rules That Statutory Exclusionary Rule Does Not Bar Admission of Evidence Seized Pursuant to a Search Warrant Based on Allegedly Vague and Inaccurate Inventory of Seized Items
The Fourth Amendment’s exclusionary rule generally bars the introduction of evidence seized in violation of its provisions. State constitutions, statutes, and rules also may bar the introduction of evidence even […]
Charging Greater and Lesser-Included Offenses Separately
Is it proper to charge a defendant separately with a greater offense and with a lesser-included offense? For example, is it proper to charge a defendant with robbery and with […]
News Roundup
The Minneapolis Star Tribune reports that a Minnesota man, Danny Heinrich, confessed in federal court to abducting, sexually assaulting, and killing Jacob Wetterling nearly 27 years ago. Heinrich’s confession was […]