A UNC School of Government Blog
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
Labor Day marks the unofficial end of summer around these parts, and I thought I’d mark the occasion with a post related to boating (a favorite summer pastime) and crime (since this is, after all, the criminal law blog). Specifically, this post discusses the crime of boating while impaired. G.S. 75A-10(b1) prohibits the operation of … Read more
I’ve just finished a paper about motor vehicle checkpoints. It’s available here as a free download. It’s meant as a resource for judges, lawyers, and law enforcement officers, and it includes sections on establishing, operating, and litigating checkpoints. I hope it’s useful, and I’ll be interested in your feedback about it, which you can provide … Read more
There wasn’t enough news last week to justify a news roundup, but there sure was this week: 1. The SBI lab saga continues. The president of the Conference of District Attorneys has called for a moratorium on executions until the issues with the lab are resolved, as discussed here. The Conference is also asking for … Read more
In Arizona v. Gant, __ U.S. __, 129 S. Ct. 1710 (2009), the Supreme Court held that an officer may search an arrestee’s vehicle incident to arrest only if the arrestee is unsecured and “within reaching distance of the passenger compartment” or “it is reasonable to believe the vehicle contains evidence of the offense of … Read more
I blogged here about the court of appeals’ opinion in State v. Davis, ___ N.C. App. ___ (2010), a case in which the defendant was convicted of several offenses and sentenced to more than 35 years imprisonment for driving while impaired and crashing his truck into another truck, killing two people and seriously injuring a … Read more
About two years ago, I wrote a paper on GPS tracking. It’s available here. There have been a couple of major decisions in the area recently, so this post is a bit of an update to my earlier work. I wrote in the paper that “[m]ost, but not all” courts have found that when the … Read more