This post covers recent statutory changes related to the custodial interrogation of youth who are 16 and 17 years of age and to the issuance and execution of secure custody […]
Normally, the Fourth Amendment requires that police obtain a search warrant before officers may search a person’s phone or computer. But the person can waive his or her Fourth Amendment […]
The Colorado Supreme Court upheld the search of Google users’ keyword history to identify suspects in a 2020 fatal arson fire. The Court cautioned it was not making a “broad […]
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on October 17, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a […]
This post summarizes a published Fourth Amendment decision released by the Fourth Circuit Court of Appeals during September 2023. Cases of potential interest to state practitioners are summarized monthly. Previous […]
I mentioned in a recent News Roundup that the U.S. Supreme Court granted review in Smith v. Arizona. The case tees up a question that has been lingering since at […]
Last month, the Court of Appeals ruled that police coerced a suspect into agreeing to let them search his backpack. Many of the traditional hallmarks of coercion, such as threatening […]
Most of the news I’ve gathered this week is from right here in North Carolina, but I’ll start with an interesting story from Oklahoma. The AP reports here that “A […]
Each year the School of Government publishes new and revised pattern jury instructions for civil, criminal, and motor vehicle negligence cases. Those instructions are created and compiled by the North […]
The answer would seem to be obvious. A person is guilty of forcible rape if the person engages in vaginal intercourse with another person by force and against the will […]