North Carolina Criminal Law

I’ve Been Arrested . . . But Committed No Crime

February 27, 2015February 25, 2015 Shea Denning

[Author’s Note: This post has been substantively edited to make corrections in response to helpful comments from readers.]

A person generally may not lawfully be arrested unless there is probable cause to believe he has committed a crime. But there are several exceptions to this rule. Most involve arrests made pursuant to an order for arrest issued by a judicial official. A judicial official may, for example, issue an order for the arrest of a defendant who fails to appear in court or who violates conditions of probation. See G.S. 15A-305(b). And there is one circumstance in which a law enforcement officer may, without a judicial order or warrant for the defendant’s arrest and without probable cause to believe a crime has been committed, arrest a defendant. That’s when the officer has probable cause to believe the defendant has violated a condition of pretrial release. G.S. 15A-401(b)(1),(b)(2)(f.).

Sentencing Whiteboard: How Consecutive Felonies Are Served

February 24, 2015 Jamie Markham

Today’s post explains the “single sentence rule” of G.S. 15A-1354(b), the law that tells the prison system how to administer consecutive felony sentences. Knowing the rule is essential to figuring out the release date and post-release supervision term for a defendant who receives consecutive sentences. The video is longer than I would generally like for these things … Read more

Knives and the Right to Bear Arms

February 23, 2015 Jeff Welty

There’s been a great deal of litigation recently about firearms and the Second Amendment. But guns aren’t the only “arms” sometimes carried for self-defense, and there have been several recent cases about the status of knives under the federal Constitution and state constitutions.

News Roundup

February 20, 2015 Jeff Welty

Catharine Arrowood, the president of the North Carolina Bar Association, recently wrote this piece about court funding in North Carolina. It’s received considerable attention. The thrust of the argument is this: “[W]hile our population has been increasing by double digits and the technology and tools available to better serve a large and widespread population have been improving, we cut spending on our courts from 3% of our state budget to 2.2%. No wonder too many of our court personnel work extra jobs to make ends meet. No wonder we have been unable to implement a statewide electronic filing and case management system. No wonder we have insufficient money to conduct jury trials and pay court reporters.” The article indicates that the General Assembly may address the funding problem, but contends that structural reforms should also be considered, including moving to a regional, rather than county-based, system. It’s worth a read.

Recent Case on Authentication of Surveillance Video

February 19, 2015 Jeff Welty

More and more criminal cases involve video evidence, whether from patrol car dash cameras, store surveillance cameras, witness cell phone cameras, or, in the near future, wearable cameras. It’s important to know the authentication requirements for such evidence. A recent court of appeals case sets a high bar for admissibility.

Sentencing Whiteboard: How Class B1-E Felonies Are Served

February 17, 2015 Jamie Markham

I recorded another whiteboard-style presentation on sentencing law. Today, the focus is on how active sentences for Class B1–E felonies play out in practice.

North Carolina Supreme Court Upholds Warrantless Seizure of Drugs on a Home’s Curtilage

February 16, 2015 Bob Farb

The Fourth Amendment protects the home as well as its curtilage, which is defined as the area immediately surrounding the home and associated with it. Recently, the North Carolina Supreme Court in State v. Grice, 2015 WL 304075 (Jan. 23, 2015), was confronted with a Fourth Amendment issue involving the curtilage. The court held, reversing the court of appeals, ___ N.C. App. ___, 733 S.E.2d 354 (2012), that officers who were validly on the curtilage of a residence to conduct a knock and talk did not violate the Fourth Amendment when they saw marijuana plants 15 yards away on the curtilage and warrantlessly seized them.

News Roundup

March 1, 2016February 13, 2015 Jeff Welty

Shea wrote yesterday about the top news around here: the killing of three Muslim university students by a man who lived in the same Chapel Hill apartment complex as the victims. It’s part of a string of tragic events for university students in the state, including the deaths of nine Appalachian State University students since September, the murder of UNC student Faith Hedgepeth in 2012, and, farther back, the killings of student body president Eve Carson of UNC and graduate student Abhijit Mahato of Duke in 2008. Terrible for the students, obviously, and of course crushing for their parents. Tough times.

The Significance of Naming a Hate Crime

February 12, 2015 Shea Denning

The murder of three young, gifted students in Chapel Hill Tuesday evening has generated a local, national, and international outpouring of grief and outrage. Deah Barakat, 23, his wife, Yusor Abu-Salha, 21, and her sister, Razan Abu-Salha, 19, were shot dead in the Finley Forest condominium where newlyweds Deah and Yusor lived. A neighbor, Craig Stephen Hicks, fled the area after the shooting, but later turned himself into law enforcement officers. Hicks is charged with first degree murder in their deaths, and is being held without bond in Raleigh’s Central Prison. Police say that the killings were motivated by an ongoing neighbor dispute about, of all things, parking. Nevertheless, many, including Yusor and Razan’s father, suspect it also may have been motivated by the fact that the three were Muslims. Yusor regularly wore a headscarf—an outward manifestation of her faith.

Criminal Charges, Civil Settlements, and Legal Ethics

February 11, 2015 Jeff Welty

The domestic violence case against Carolina Panther Greg Hardy was dismissed this week. According to the Charlotte Observer, a principal reason was that the alleged victim, Hardy’s ex-girlfriend, refused to cooperate and avoided service of a subpoena. Prosecutors also told the judge that the alleged victim had reached a civil settlement with Hardy. To be clear, no one has said that the settlement agreement required the alleged victim not to cooperate. But could the agreement contain such a provision?