The 2014 Cumulative Supplement to Arrest, Search, and Investigation in North Carolina (4th ed. 2011) is now available. It is called a cumulative supplement because it includes the material in the 2013 supplement so you only need the book and the 2014 cumulative supplement to be current. You may order it online here or contact the School of Government Bookstore Manager at 919.966.4120. Continue reading for additional details.
Guns at the State Fair
Agriculture Commissioner Steve Troxler has stated that firearms, even those carried pursuant to a concealed carry permit, will be prohibited at the North Carolina State Fair, which opens next week. Grass Roots North Carolina, a gun-rights group, contends that the Commissioner’s policy is unlawful. In the post, I’ll explore the legal issue.
News Roundup
It has been a crazy week in Raleigh, what with the jail accidentally releasing an alleged sex offender, and a fracas unfolding over concealed carry at the upcoming State Fair. I’m planning to write a post next week on the latter issue, but today I’ve gathered important news about an upcoming Supreme Court case, surprising news about playoff baseball and crime rates, interesting news about sheriffs’ compensation, and an announcement about a new School of Government publication. Check it out!
Defendant’s Right to Third Party Confidential Records
Suppose Defendant is charged with sex offense against a child. He knows that DSS previously investigated similar allegations made by the child against other people and heard that DSS found those charges to be unfounded. When Defendant subpoenas the records from DSS, the agency moves to quash. Is Defendant entitled to the records? The answer is: Sort of. On these facts, Defendant has a right to have the court do an in camera review of the records. If the court finds that they contain favorable, material evidence, it has to be turned over to the defendant. This post outlines the relevant law, which stems from a U.S. Supreme Court case called Pennsylvania v. Ritchie, 480 U.S. 39 (1987).
Is Apple Intentionally Crippling Law Enforcement Access to Digital Evidence?
Apple recently announced new iPhones and a new operating system for its mobile devices. Amidst the hubbub, Apple also revealed that the new operating system would render it impossible for Apple to give law enforcement officers access to locked iPhones, even with a search warrant. Many in law enforcement aren’t happy about this, with FBI Director James Comey stating that he can’t understand why companies would “market something expressly to allow people to place themselves beyond the law.” But is that what’s going on?
A Young Man with a Long History of Driving While Impaired
Rabah Samara, the young man who took the wheel of the Cadillac after it crashed into and killed sports reporter Stephen Gates as he was changing a tire on I-40 in 2003 and drove away from the scene, was back in Wake County criminal court yesterday. Samara, now 37, plead guilty to misdemeanor impaired driving—resolving his fourth charge for that offense—and was sentenced to three years of probation and 14 days of imprisonment, which he may serve on weekends. The News and Observer reported that Stephen Gates’ mother, Pat Gates, watched Samara’s hearing from the front row of the courtroom.
New Look and Feel for the Blog
This blog is more than five years old, has had over 3 million visitors, and is still growing. Until today, it has never had a redesign. Starting now, you’ll notice a new look and feel. It’s not a radical departure from the past, but it is a cleaner design, and it is optimized for mobile use. Perhaps … Read more
News Roundup
Nationally, the news of the moment is that Attorney General Eric Holder will resign as soon as a successor is confirmed. California Attorney General Kamala Harris and Manhattan United States Attorney Preet Bharara are among those reputed to be candidates for the position. Holder is keeping busy even as he plans his departure. His resignation … Read more
90-96 for Everything
G.S. 90-96 sets out a conditional discharge option for certain drug offenses. A conditional discharge is different from a deferred prosecution. In a conditional discharge program, the defendant is convicted (either after a trial or by pleading guilty), but then placed on probation without the court actually entering judgment in the case. If the defendant … Read more
When Tragic Accidents Also Are Crimes
The fields of the Capital Area Soccer League were a sea of blue again last night. Players of all ages shelved their regulation orange jerseys and wore blue—Laura Yost’s favorite color—instead. They wore blue last week too. Last week’s blue was to support fellow soccer player Laura, who was hospitalized after she was critically injured … Read more