A UNC School of Government Blog
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
[Editor’s note: This post originally appeared here, on the School of Government’s local government blog. For an update on local government authority to regulate cell phone use by drivers, see this post.] Questions frequently arise regarding whether cities and counties may lawfully adopt ordinances regulating traffic. For instance, may a city or county allow the … Read more
According to this report, when United States Supreme Court clerks are looking for commentary about cutting-edge legal issues — like when they’re considering petitions for certiorari — they don’t look at law reviews anymore. They read blogs. I have a new spring in my step today! In other news: 1. The News and Observer reports … Read more
This week, the court of appeals decided State v. Forte, a case in which the defendant was convicted of exploitation of an elder adult in violation of G.S. 14-112.2 and its predecessor. The case provides a helpful interpretation of some of the key terms in the statute, and it is worth reading for that alone. … Read more