When a person is convicted of driving while impaired under G.S. 20-138.1, the person’s license is revoked for one year. G.S. 20-17(a)(2); G.S. 20-19(c1). (A person who has one or […]
What do you typically think of when you hear the word “strangulation”? If you are like most people, the word probably triggers a mental image of hands around someone’s throat. […]
I was at the magistrates’ fall conference last week when a magistrate asked me whether an occupant of a dwelling could properly be charged with resisting, delaying, or obstructing a […]
Wilmington News Station WECT broke the story Wednesday that Columbus County Sheriff Jody Greene was recorded in February 2019 making racially-charged comments to Jason Soles, then a Captain who had […]
What circumstances constitute custodial interrogation in a school setting? Who counts as a guardian or custodian for the purpose of a custodial interrogation of a juvenile? Under what circumstances can […]
How does a case proceed when a juvenile is charged with a homicide offense? In classic lawyer fashion, the answer is that it depends. In almost all instances, the case […]
“Big brother invasion of privacy or pro-active policing? That’s the question after a new report revealed seven North Carolina universities use or have used powerful social media-monitoring programs to keep […]
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 20, 2022. This summary will be added to Smith’s Criminal Case Compendium, a […]
This post summarizes criminal and related decisions published by the Fourth Circuit Court of Appeals during August 2022. Cases of interest to state practitioners are summarized monthly. Previous Fourth Circuit […]
Suppose an officer conducts a traffic stop. During the stop, the officer gets a hunch that the driver may have drugs in the car. Can the officer ask the driver […]