A UNC School of Government Blog
I’ve had quite a few questions from officers and others about United States v. Jones, the Supreme Court’s recent GPS tracking decision. I previously summarized the case here. Below, I’ve collected some of the questions I’ve been asked and my answers. It should go without saying that officers should check with their supervisors and agency … Read more
The Jones GPS tracking case was the biggest legal news of the week. I blogged about it here, and plan to post some additional thoughts next week, but in the meantime, it is worth noting the Supreme Court Haiku capturing the case: GPS on car Cops installed and monitored “Search” that needs warrant In other … Read more
Misdemeanor death by vehicle is defined in G.S. 20-141.4(a2) as (1) unintentionally causing the death of another person (2) while violating a State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic—other than impaired driving under G.S. 20-138.1—where (3) commission of the offense is the … Read more
In case you missed it, President Obama delivered the annual State of the Union address last night. The address is rooted in Article II, section 3 of the Constitution, which provides in part that the president “shall from time to time give to the Congress Information of the State of the Union.” Contrary to popular … Read more
Yesterday, the United States Supreme Court decided United States v. Jones, the important GPS tracking case I previously blogged about here. (The case was captioned United States v. Maynard at that time.) In brief, Washington, DC officers suspected that the defendant was a drug dealer. They wanted to track his movements, so they obtained a … Read more
Now that Christmas is over, Santa’s cases are coming on for trial. He’s accused of multiple counts of burglary. We already know the facts: He entered dwellings at night, using the chimney to gain entry, while the residents slept soundly in bed. The indictments charge that once inside, he stole milk and cookies. Being a … Read more
Monday was Martin Luther King Jr. Day. To commemorate the occasion, National Public Radio’s Fresh Air broadcast this interview with Ohio State University law professor Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness. Alexander argues that the mass incarceration of African-Americans in the war on drugs strips such … Read more
In the last in this series of posts on pretrial release I’ll address two issues that continue to create problems for judicial officials: defendants who refuse to identify themselves and setting conditions for noncitizens. Defendants Who Refuse to Identify Themselves Sometimes defendants refuse to identify themselves. Without knowing a defendant’s identity, it is almost impossible … Read more
Some criminal defendants just want to serve their time. There a variety of reasons for that. Sometimes they are facing active time for another conviction and hope the new sentence can be served concurrently. Sometimes it’s a money issue. And some defendants simply find life under community supervision to be difficult. Probation can be hard, … Read more
In a post here, I listed my top five indictment errors. The number one error was misstating the victim’s name in an indictment charging larceny or a related crime interfering with the right of possession. In that context the problem typically involves failing to allege the victim as a natural person or an entity capable … Read more