Safekeeping
What can a jail do when an inmate becomes unmanageably dangerous, or unmanageably vulnerable, or unmanageably sick? Or what about when so many people are arrested at once that the […]
What’s NOT a Public Vehicular Area?
After the legislature broadened the definition of “public vehicular area” in 2006 to include areas “used by the public for vehicular traffic at any time,” many wondered whether there was […]
SCOTUS to Hear Argument in October about Miller Retroactivity
On October 13, 2015, the U.S. Supreme Court will hear oral argument in Montgomery v. Louisiana, a case that presents the question whether Miller v. Alabama, 567 U.S. ___, 132 […]
State v. Perry, Cell Site Location Information, and the Exclusionary Rule
Last week, the court of appeals decided State v. Perry. It’s the appellate division’s first foray into cell site location information and a case that raises questions about the status […]
News Roundup
For the second time in two weeks, I’ll start with a heartwarming, positive story about a police officer. In 2014, Raleigh Officer J.D. Boyd broke up an altercation involving a […]
The Eighth Circuit Considers Implied Consent, but I Still Haven’t Found What I’m Looking For
I admit that I may have a problem. I am dedicated to (perhaps obsessed with) the pursuit of a legal theory that satisfactorily squares the doctrine of implied consent with […]
Extending Probation After Expiration
If a judge extends a defendant’s probation after probation has already expired, when does the extension begin?
Updated Traffic Stops Paper Now Available
I’ve updated my paper on traffic stops to include Rodriguez v. United States, __ U.S. __, 135 S. Ct. 1609 (2015), and other recent cases. It’s available here. For those not […]
Restoring State Firearm Rights as a Condition for Restoring Federal Firearm Rights
In 2010, the North Carolina General Assembly enacted G.S. 14-415.4, which allows a person convicted of a nonviolent felony to regain his or her firearm rights if he or she […]
News Roundup
The old media motto is “if it bleeds, it leads.” But today, I’m leading with a good news story of danger averted. Dan Hicks, a Raleigh PD officer, talked a […]