Can I Take a Look at Your Phone?
Inquisitive police officers regularly ask suspects questions like “Can I take a look at your phone?” or “Can I see your phone?” These on-the-street requests may give rise to legal […]
General Assembly Appoints Seven New Special Superior Court Judges
A few weeks ago I wrote about provisions of the 2023 Appropriations Act that affect the judiciary. Among those changes was the creation of ten new special superior court judgeships […]
State v. McKoy and Opening the Door
Suppose the defendant is on trial for murder. He argues he shot the victim in self-defense. The State elicits testimony from the victim’s father that the victim, who lived at […]
Case Summaries: N.C. Supreme Court (Oct. 20, 2023)
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on October 20, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Statutory Changes Related to Juvenile Interrogation and Secure Custody Orders
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 […]
Does Consent to Search a Home Include Consent to Search Phones and Computers Located Inside?
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 […]
News Roundup
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 […]
Case Summaries: N.C. Court of Appeals (Oct. 17, 2023)
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 […]
Case Summaries: Fourth Circuit Court of Appeals (Sept. 2023)
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 […]
Substitute Analyst Testimony and Smith v. Arizona
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 […]