Search Incident to the Arrest of an Occupant of a Vehicle: Review and Update (Part I)
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 […]
News Roundup
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 […]
Warrantless Cell Phone Tracking: The Fifth Circuit Weighs In
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, […]
Time Served
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. […]
No More Appeals for Infractions?
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 […]
Pedal While You Drink
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, […]
News Roundup
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 […]
Probation for Contempt
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 […]
Gun Bill Poised to Become Law
The General Assembly has passed H 937, which awaits the Governor’s signature. It is an omnibus gun bill, following rather closely on the heels of the omnibus firearms bill enacted […]
Misdemeanor Reclassification, the Right to Counsel, and the Budget
The legislature has agreed on a budget, and it contains some provisions that will impact misdemeanor sentencing and the appointment of counsel — potentially in tens of thousands of cases […]