I read a news article some time ago about officers who investigate suspected prostitutes by going undercover and purchasing their services. The article noted that this practice is controversial. Some agencies apparently don’t allow it, deeming it unnecessary and dehumanizing; others allow brief sexual contact but then require the officer to desist; and still others allow officers to engage in extended sexual contact. Similar issues arise when officers use informants to procure sexual services. A premise of the article was that there is no legal impediment to such practices, but the actual legal landscape is more mixed. This post provides more nuance.
News Roundup
The top story this week is that country music star Jelly Roll has been recommended for a pardon by a Tennessee parole board. NBC has the story, as well as ABC and the AP. The singer, whose legal name is Jason B. Deford, 40, was convicted in 2008 of robbery and drug possession. He was released in 2016 and struggled to succeed as a musician before earning four Grammy Award nominations in February. Davidson County, TN, Sheriff Daron Hall asked Governor Bill Lee to pardon Jelly Roll last year, and the parole board’s vote on Tuesday was part of that mission. The matter is now pending before the governor. Read on for more criminal law news.
Authentication of Digital Communications Chart
A common evidence question that arises is how to properly authenticate digital communications. We have written on the topic in several blogs: How Can a Party Show Authorship of a Social Media Post or Other Electronic Communication?, Authenticating Photographs Obtained from Social Media Platforms, Business Records: Posts, Chats, and Texts, New Guidance on Authenticating Social Media, Admissibility of Electronic Writings: Emails, Text Messages, and Social Networking Posts, and more.
Last year, I created a chart to highlight the ingredients of authentication our appellate courts found to be adequate or inadequate as a foundation for surveillance video (also see the accompanying blog, Surveillance Video- When It Comes In and When It Doesn’t). I’ve received positive feedback on the chart and practitioners have asked for more evidence content in this format. For a second installment, I chose digital communications.
Juveniles and Vehicle Seizure Under G.S. 20-28.3
Does the law regarding motor vehicle seizure when a person is charged with felony speeding to elude arrest or an offense involving impaired driving apply to juveniles? If the case is subject to original juvenile jurisdiction, the answer is no. Read on to understand why that is and what to do if a seizure order is improperly issued.
Case Summaries: N.C. Court of Appeals (April 16, 2025)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 16, 2025. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
Updated Chapters in Superior Court Judges’ Benchbook
Three chapters in the criminal law section of the Superior Court Judges’ Benchbook recently have been updated. Among those chapters is Joinder and Severance, which addresses the joinder and severance of both offenses and defendants for trial, including the factors used to assess whether joinder is appropriate, the applicable procedural rules, and potential remedies for failure … Read more
Supreme Court Upholds ATF Regulation Defining Gun “Parts Kits” as Firearms
A couple of weeks ago, the Supreme Court decided Bondi v. VanDerStok, 604 U.S. __ (2025). It is an administrative law case, not a Second Amendment case, but folks interested in firearms law will still want to know about it. The media has generally described this case as allowing the ATF to ban “ghost guns,” which is not exactly wrong but also is not precise. Read on for more details.
News Roundup
A woman was babysitting a child near Great Bend, Kansas, when the child she was watching complained of a monster under the bed. Seeking to assuage the child’s fear, the babysitter checked under the bed only to find a man hiding there. After a tussle with the babysitter, the man left the home and evaded capture until the next day, when local deputies located and arrested him. The man had recently posted bond on charges of threat crimes, domestic violence, and violating a protective order. He is now being held on no bond and is facing burglary, aggravated assault, and child endangerment charges. The AP has the story, here. Read on for more criminal law news.
Findings for Probation Violations after Expiration: Good . . . ‘Cause
This post is about the recurring issue of the requirement for a court to make findings of “good cause shown and stated” to preserve its jurisdiction to act on an alleged probation violation after the case has expired. The appellate courts have vacated many probation revocations for a lack of the required findings. The few affirmed cases show how to do things properly. Turns out, it’s not a demanding requirement.