Proving the Per Se Prong of Impaired Driving without a Chemical Analysis
The usual way for the State to establish that a person drove while impaired under the per se prong of G.S. 20-138.1 is to introduce the results of a chemical […]
Do Multi-Unit Dwellings Have Curtilage?
The curtilage of a home is the area “directly and intimately connected with the [home] and in proximity” to it. State v. Courtright, 60 N.C. App. 247 (1983). In other […]
Kentucky v. King and the Officer-Created Exigency Doctrine
Yesterday, the Supreme Court decided Kentucky v. King, a case that addresses — actually, eviscerates — the officer-created exigency doctrine. The facts are as follows: Officers investigating possible drug crimes […]
Sexual Assaults: One Conviction or Two?
One recurring question I get asked is this: If the Defendant engages in two sex acts in one continuous transaction, how many assaults have occurred? When the acts are vaginal […]
News Roundup
The weather forecast calls for a rainy weekend: a good time to sit around, listening to some music. Preferably Bob Dylan, since he is apparently the musician most often cited […]
SBM Update Part II: State v. Green
Last week I wrote about State v. Clark and State v. Brown, the latest cases from the court of appeals on what qualifies as an aggravated offense at a satellite-based […]
Warrant Searches of Computers
Last week, I posted a paper about warrantless searches of computers and electronic devices. Today, I’m posting its companion: this paper about warrant searches of computers, which I have just […]
Dirty Play, or Criminal Assault?
I don’t follow professional basketball very closely, but I was absolutely stunned by a play late in a recent playoff game between the Los Angeles Lakers and the Dallas Mavericks. […]
Guests’ Expectation of Privacy in Garages and Outbuildings
I’ve had a couple of questions recently about something that I’d never considered before: whether a guest has “standing” to contest a search of the outbuildings associated with a host’s […]
News Roundup
At least here in the Triangle, the headlines today are all about the Wake County conviction of Bradley Cooper for killing his wife, Nancy. I haven’t followed the trial closely, […]