In United States v. Jones, 565 U.S. __ (2012), and Florida v. Jardines, 569 U.S. __ (2013), the Supreme Court announced a new, or perhaps revived an old, understanding of […]
I thought I’d take a few minutes and jot down some questions and answers about the new fine-only punishment scheme for Class 3 misdemeanors for many defendants (enacted as part […]
With Thanksgiving tomorrow, today’s post will be the last of the week. That means it is the last post before December 1, when another batch of new laws comes into […]
The News and Observer reported Sunday on the Hamlet Police Department’s seizure of vehicles from drivers charged with low-level traffic offenses and the subsequent selling of those vehicles as scrap […]
I’ve had a number of people ask me what’s going on around the state with internet sweepstakes. Below, I set out what I know, but there’s so much going on […]
Whoa! A very busy news week. Here’s the rundown: PD becomes DA. Public Defender Andy Womble has been appointed by Governor McCrory to fill the remainder of the term of […]
Whether the plain view doctrine makes sense in the context of computer searches, and if it doesn’t, what courts should do about it, are controversial issues. We don’t have any […]
Suppose my home is broken into and many things are stolen. My insurance company compensates me for the damage to the house and the items that were taken. Two related […]
More and more criminal investigations involve searches of computers and other digital devices. It is sometimes difficult to apply long-established search and seizure law to the practical realities of digital […]
Rule 803 sets out twenty-three hearsay exceptions that apply regardless of the declarant’s availability. Two that arise with some frequency in criminal cases are present sense impressions and excited utterances. […]