A UNC School of Government Blog
Maybe so, according to a recent Reuters report. Apparently, the Special Operations Division of the DEA receives information from the NSA and passes it to DEA field agents. The agents then begin criminal investigations based on the information. There are two possible problems with the program described by Reuters. End run around privacy protections. First, … Read more
This topic was divided in two parts. This is Part II. Part I was posted yesterday. In yesterday’s blog post, I discussed the United States Supreme Court in 2009 ruling in Arizona v. Gant that significantly restricted an officer’s authority, based on the theory of search incident to arrest, to conduct a search of the … Read more
This blog post is divided in two parts. This is Part I. Part II will be posted tomorrow. The United States Supreme Court in 2009 issued a ruling in Arizona v. Gant that significantly restricted an officer’s authority, based on the theory of search incident to arrest, to conduct a search of the passenger compartment … Read more
Nationally, the focus this week was on the sentencing of Ariel Castro, the Cleveland man who imprisoned three women in his home for years and sexually assaulted them. Castro spoke on his own behalf, stating that he “is not a violent person” but is simply “sick,” and claiming that he and his captives lived in … Read more
I wrote here about how law enforcement officers may obtain historical information about the location of a suspect’s cellular phone. There have been several developments in the law since then, including earlier this week when the Fifth Circuit rendered its decision in In re Application of the United States of America for Historical Cell Site … Read more
Which of the following defendants may be sentenced to “time served” (choose all that apply)? A. A felony defendant with 5 months of jail credit sentenced to 6–17 months. B. A felony defendant with 7 months of jail credit sentenced to 6–17 months. C. A felony defendant with 9 months of jail credit sentenced to … Read more
S 182 is on the Governor’s desk. It is entitled in part “An Act to Eliminate Appeals for Infractions.” The bill also does some other things, but the focus of this post is on the potentially significant change in the way that infractions are processed. Current law. Under current G.S. 15A-1115, “[a] person who denies … Read more
One of the newest attractions in downtown Raleigh is the Trolley Pub. Passengers board the open air bar on wheels in the Warehouse District and slowly cruise the city streets, traveling from one watering hole to another by means of the pedal power they supply. In addition to providing the power-source for locomotion, riders provide … Read more
The budget is done, the Senate has adjourned, and the House will adjourn this morning. I’ve already posted about one aspect of the budget, here, but it is hundreds of pages long and includes other significant provisions, including (1) closing four prisons (Duplin, Robeson, Bladen, and Wayne), and Western Youth Institution, (2) funding “19 new … Read more
Sentences for criminal contempt may be suspended. That has been understood as a matter of case law for a while, see Bishop v. Bishop, 90 N.C. App 499 (1988), and it became clear as a matter of statute for some contemnors in 2009 with the addition of G.S. 5A-12(a)(3), S.L. 2009-335. That subdivision allows a … Read more