Recent blog posts - 208 of 395

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, spanning representation in criminal prosecutions, parental rights proceedings, involuntary commitment cases, and other cases affecting important rights. This blog post introduces Whitney Fairbanks, the new assistant director and general counsel of IDS. That position is often the point of contact for lawyers, court officials, and others involved with indigent defense. The following is from an interview I conducted of Whitney last week.

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? Several recent cases address these questions.

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 Oregonian reports that people began lining up at 7 a.m. on Tuesday to get a seat inside the courtroom. According to USA Today, each of the seven defendants is charged with conspiring to impede federal land managers through force and intimidation, and five defendants are charged with firearm offenses.  In the waning days of the standoff, the de facto spokesman for the occupation, LaVoy Finicum, was shot and killed after he fled a traffic stop and, in an ensuing confrontation with police officers and FBI agents, appeared to be preparing to draw a handgun.  Keep reading for more news.

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 and parolees. It was an informative visit that, frankly, busted some myths about DART Cherry. Today’s post passes along some of what we learned.

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, not everyone is clear on who is covered, what is required, and what the penalties are for violations. This post covers the particulars of North Carolina’s seat belt requirements and addresses three common areas of confusion.

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 when the Fourth Amendment’s exclusionary rule does not.

The preparation and service of an inventory of items taken during the execution of a search warrant is not likely a Fourth Amendment requirement, and thus the exclusionary rule would be inapplicable to inventory issues. Cf. State v. Dobbins, 306 N.C. 342 (1982) (a search warrant’s return not being sworn was not a constitutional violation).

On the other hand, G.S. 15A-974 bars under some circumstances the introduction of evidence obtained in violation of Chapter 15A of the General Statutes. Evidence is to be excluded if: (1) it is obtained as a result of a “substantial” violation of Chapter 15A, and (2) the officer committing the violation did not act under an objectively reasonable good faith belief that his or her actions were lawful.

Last week, the North Carolina Court of Appeals in State v. Downey (September 6, 2016) considered a defendant’s argument that G.S. 15A-974 should have barred evidence seized pursuant to a search warrant because an officer allegedly did not comply with G.S. 15A-254, which essentially requires the completion an inventory of seized items and leaving a copy in the manner set out in the statute. The Downey ruling is the topic of this post.

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 larceny arising out of the same taking, even though larceny is a lesser-included offense of robbery?

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 part of a child pornography plea deal in which he will not be prosecuted for his crimes against Wetterling. Following Wetterling’s abduction, Congress enacted the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act which required states to implement sex offender registries. Keep reading for more news.

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, me. It seems my cultural references are dated.

Regardless of whether you are old enough to have had a Scott Baio poster in your room, if your work involves the courts, it is a good idea to know who is in charge of district court in your district. 

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 fires a warning shot. The shot goes awry, strikes John’s assailant, and kills him. May John rely on self-defense if charged with murder? The answer may be surprising.