Do Only Turkeys Get Pardons? (December 5, 2013)
Jeff Welty
It is a Thanksgiving tradition for the president to pardon a turkey. This year, CNN reports, it was a Minnesota bird named Popcorn. But is executive clemency limited to avians? […]
Four hour delay to obtain search warrant an exigency, at least for now (December 4, 2013)
Shea Denning
The court of appeals decided its first post-Missouri v. McNeely alcohol exigency case yesterday. The court in State v. Dahlquist determined that the four to five hours that the arresting […]
Does the Trespass Theory of the Fourth Amendment Limit the Scope of Knock and Talks? (December 3, 2013)
Jeff Welty
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 […]
A Fine Sentence for Class 3 Misdemeanors (December 2, 2013)
John Rubin
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 […]
A Sampling of Justice Reinvestment Statistics (November 27, 2013)
Jamie Markham
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 […]
May the police seize and impound cars driven by people charged with minor traffic violations? (November 26, 2013)
Shea Denning
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 […]
Sweepstakes Update (November 25, 2013)
Jeff Welty
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 […]
News Roundup (November 22, 2013)
Jeff Welty
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 […]
Computer Searches and Plain View (November 21, 2013)
Jeff Welty
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 […]
Restitution to Insurers and the Insured (November 20, 2013)
Jamie Markham
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 […]