Computer Searches and Plain View II
When a law enforcement officer is entitled to search a computer for evidence, she typically is entitled to look at every file on the computer, at least briefly. That’s because […]
High Court Declines to Revisit or Modify Melendez-Diaz
On June 25, 2009, the United States Supreme Court issued its decision in Melendez-Diaz v. Massachusetts, holding that forensic laboratory reports are testimonial and thus subject to the new Crawford […]
Lee v. Gore and Checking the Box
In an implied consent case in which a defendant is asked to submit to a chemical analysis, the law enforcement officer and chemical analyst (who often are the same person) […]
Package Deal Plea Bargains
The court of appeals decided State v. Salvetti this week. The case involves several interesting issues, but I want to focus on the court’s approval of “package deal” plea bargaining. […]
Improper Periods of Probation
I haven’t done any sort of official tally, but I think the most common sentencing error in North Carolina might be sentencing the defendant to an improper period of probation. […]
State v. Fletcher and Warrantless Blood Draws
I’ve blogged before about G.S. 20-139.1(d1). When a DWI arrestee refuses to submit to a test for alcohol, that section allows “any law enforcement officer with probable cause” to “compel […]
Fingerprinting Uncooperative Defendants
From time to time, an officer or a magistrate asks how to respond when a defendant who is properly subject to fingerprinting under G.S. 15A-502 refuses to be fingerprinted. There […]
News Roundup (Sort of)
There have been several interesting criminal law new stories this week. I want to focus mainly on one with a local connection, but I’ll note briefly this New York Times […]
Electronic Evidence
Regular readers know that I have a particular interest in the intersection of new technologies and criminal law. But I am not the only person at the School of Government […]
Sentence Reduction Credits and Parole for DWI Inmates
Last April, I wrote a post touching on the sentence reduction credit rules applicable to DWI inmates. In short, DWI inmates fall under the same “good time” credit rules applicable […]