A UNC School of Government Blog
In Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court ruled that a motor vehicle may be searched incident to the arrest of a recent occupant “only if [1] the arrestee is within reaching distance of the passenger compartment at the time of the search or [2] it is reasonable to believe the vehicle … Read more
Most avid bicyclists have more than one tale of a close encounter with a motorist who does not care to—or does not know how to—safely share the road with a bicycle. The News and Observer reported here that a group of Orange County cyclists accused a pick-up truck driver of intentionally slamming on brakes in … Read more
Among the two dozen or so states that have participated in Justice Reinvestment, North Carolina has become something of a darling. The goal of the initiative (summarized in this infographic) is to reduce spending on corrections, and North Carolina has done that. Since the day the law came into effect, we have 2,000 fewer prison … Read more
This fall, North Carolina voters will decide whether to amend the state constitution. The proposed amendment would allow, for the first time, bench trials for felonies in superior court. Neither the media nor advocacy groups have paid much attention to the amendment, so almost no one seems to know that it is on the table. For … Read more
The week saw a bit of musical chairs at the state supreme court. Chief Justice Parker stepped down as a result of mandatory retirement and then-Senior Associate Justice Martin was named Chief Justice. Then-court of appeals judge Bob Hunter was named Associate Justice, replacing now-Chief Justice Martin. That should settle everything . . . until … Read more
The General Assembly reached an agreement on coal ash and has adjourned for the session. Shortly before departing, it approved a technical corrections bill that has become law. The bill contains several criminal law provisions, some of which arguably are not “technical.” But let’s not get technical about what’s technical! Bob Farb sent a summary … Read more
Today’s post picks up where my last post left off, with answers (my answers, at least) to more frequently asked questions about post-release supervision. What will life on PRS be like? It will be a lot like probation—which is something to keep in mind if the defendant requested an active sentence to avoid probation. The … Read more
[Author’s note: State v. Townsend was withdrawn and replaced by a subsequent opinion, available here. The portion of the opinion discussed below was unchanged by the subsequent opinion.] No one gets relief any more under State v. Knoll—at least not from the court of appeals. State v. Townsend, decided today, is the latest in a series … Read more
According to the New York Times, the governor of Missouri is now deploying the National Guard in an “effort[] to quell unrest” resulting from a white police officer’s shooting of a black teenager in the city of Ferguson. It seems to me that much of the “unrest” is a result of a lack of factual … Read more
This week brought two tidbits of legislative news as the session winds down. First, the General Assembly slightly revised the rules for disposing of weapons seized during criminal investigations, generally making it somewhat easier to order such weapons into the possession of a local law enforcement agency. A helpful AOC memo explaining the changes is … Read more