Circuit Split! New Opinion Upholds Warrantless Tire Chalking
Shea posted here about a 2019 opinion from the Sixth Circuit holding that chalking tires for purposes of parking enforcement was a Fourth Amendment search and rejecting at least some […]
News Roundup
Yale Law School graduate and Oath Keepers founder Stuart Rhodes was convicted this week of seditious conspiracy for his role in the January 6 storming of the United States Capitol. […]
Welcome, Joe Hyde!
I am pleased to announce that Joe Hyde has joined our faculty. He will be working in the area of criminal law, especially as it relates to prosecutors. We hope […]
What Do We Know About Violent Crime Trends in North Carolina?
Crime statistics are compelling reading. When federal agencies release new estimates of the national crime rate, the news media pounce. The crime rate, its causes, and how to address crime […]
Assessments in Delinquency Cases: When Can They be Done and Are They Confidential?
One of the unique features of the juvenile justice system is its statutory focus on identifying the needs of juveniles and resolving matters to provide “appropriate rehabilitative services to juveniles.” […]
Does a Dirty Trash Pull Provide Probable Cause to Search a Residence?
The Supreme Court of the United States has held that trash left for collection at the curb is not subject to a reasonable expectation of privacy and therefore may be […]
News Roundup
As I write this, Theranos founder Elizabeth Holmes is in federal court in San Francisco for sentencing. She was convicted of defrauding investors and owes restitution of more than $100 […]
Case Summaries – N.C. Court of Appeals (Nov. 15, 2022)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 15, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a […]
Quick Post-Bruen Update on the Constitutionality of Gun Laws
Earlier this year, the Supreme Court decided New York State Rifle & Pistol Association v. Bruen, 597 U.S. __, 142 S. Ct. 2111 (2022), holding that New York could not […]
News Roundup
The election this week had some notable results. Republicans swept the races for appellate judgeships, shifting the state supreme court from majority Democrat to majority Republican. In Columbus County, Jody […]