Do Officers Need More than a Warrant to Search a Computer?
The Ninth Circuit recently decided United States v. Payton, a computer search case that quietly adopts some pretty radical ideas. Based on the lack of comments on my previous computer […]
Scheduling of Controlled Substances
Several months ago, an attorney contacted me to ask whether a particular drug was on one of controlled substance schedules, and if so, which one. I did the obvious: I looked at […]
News Roundup
Several recent news stories that may be of interest: 1. Governor Perdue just signed S 920, which makes substantial changes to the probation laws. For example, it requires all probationers […]
Legislative “Fix” for State v. Byrd
Remember State v. Byrd, the case that held that ex parte domestic violence TROs aren’t “protective orders” under Chapter 50B? I blogged about it here, and I highlighted a more […]
Satellite-Based Monitoring and State v. Kilby
by School of Government faculty member Jamie Markham There are two categories of sex offenders subject to satellite-based monitoring: those subject to lifetime monitoring, and those subject to monitoring for […]
The Gates Case and North Carolina Law
I am reluctant to dip my toes into the waters of controversy swirling around the arrest of Harvard Professor Henry Louis Gates, but it provides a useful framework for discussing […]
Retroactivity of Melendez-Diaz (Again)
In my last post on this topic, I addressed the “new rule” prong of Teague retroactivity analysis as it applies to Melendez-Diaz. I ended that post by noting that another […]
What’s Blakely got to do with it? Sentencing in Impaired Driving Cases after Melendez-Diaz
Jeff Welty blogged here and Jessica Smith published a paper here about the implications of the Supreme Court’s holding in Melendez-Diaz that forensic laboratory reports are testimonial, rendering the affiants […]
Sex Offender Q and A
by School of Government faculty member Jamie Markham Last month I taught a session for the superior court judges on sex offender registration and monitoring. The handout I used included […]
Time Limits on Trials
I’m a little like a broadcaster for a small-market sports team, in that I’m a relentless “homer,” always impressed with the efforts of the School of Government faculty. With that […]