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 […]
Who’s In Charge in Your District?
My middle child is named Charles. The other day I referred to him as Charles in Charge. He asked me why teachers and other adults always called him that. Ah, […]
A Warning Shot about Self-Defense
Suppose John is facing a deadly assault and fears that he will be killed or suffer great bodily harm. John has a firearm but, rather than shoot his assailant, he […]
Podcast Update: Episode 5 Now Available
The fifth and final episode of the first season of Beyond the Bench is now available. The episode features Jamie Markham interviewing Anne Precythe, the Director of Community Corrections. She shares […]