A UNC School of Government Blog
The court of appeals decided two satellite-based monitoring cases last week, State v. May and State v. Cowan. The May case—which primarily orders the correction of a clerical error—reminds us that as used in the sex offender context, “offense against a minor” does not mean any sex crime that happens to be against a minor. … Read more
To paraphrase Jerry Seinfeld, it’s amazing that the amount of news that happens in the criminal law world every week just happens to fit into a single blog post. This week saw the following: 1. Demario Atwater received a life sentence in federal court yesterday in connection with the killing of UNC student body president … Read more
A former School of Government law fellow blogged here about the involuntary medication of death-sentenced prisoners. A recent Fourth Circuit case has moved me to think about the somewhat more common issue of the involuntary medication of incompetent defendants. Sell v. United States, 539 U.S. 166 (2003), held that the state is permitted “involuntarily to … Read more
Last month, a Salisbury woman was convicted in district court of resisting, delaying, or obstructing an officer. In a nutshell, the woman was on her front porch, videotaping a vehicle stop on the street, when an officer involved in the stop instructed her to go inside her house, apparently based on concerns about the safety … Read more
There’s a new batch of opinions from the court of appeals today. One is State v. Reavis, a case that raises a question I’ve been asked several times recently in different contexts: what’s a motion to suppress, and how does it differ from a simple objection to the admission of evidence, and from a motion … Read more
Last week I wrote about the restrictions on living with minors applicable to sex offenders who are under supervision by the Department of Correction. I wrote in that post that supervised offenders whose crime involved the physical, mental, or sexual abuse of a minor will likely be subject to a condition of supervision preventing them … Read more
Well, today is Constitution Day. According to 36 U.S.C. § 106, “[t]he civil and educational authorities of States, counties, cities, and towns are urged to make plans for the proper observance of Constitution Day . . . and for the complete instruction of citizens in their responsibilities and opportunities as citizens.” The law school here … Read more
Every now and then I get a call—usually from a concerned citizen or a prosecutor—asking whether it’s okay for a sex offender to be living in the same residence as a minor. This post summarizes the restrictions on living with minors applicable to registered offenders who are still under supervision by the Department of Correction. … Read more
A couple of recent cases got me thinking about the authority of the police to enter a home without a warrant when there is an emergency. First, the legal background. Generally, a warrant is required to enter a home without the consent of the occupants. Yet “a warrant is not required to break down a … Read more
Last year, I published a paper about law enforcement access to phone records and other information about electronic communications. In the paper, I explained that “[a]mong North Carolina judges, only superior court judges may issue court orders for phone records.” As luck would have it, a few weeks later, Congress amended some of the relevant … Read more