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Court of Appeals Reconsiders State v. Reed and Again Finds a Fourth Amendment Violation

The court of appeals decided another significant Rodriguez case yesterday, ruling (again) in State v. Reed that the highway patrol trooper who stopped the defendant for speeding on Interstate 95 detained the defendant for longer than necessary to carry out the mission of the stop without reasonable suspicion of other criminal activity.

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News Roundup

On Monday morning, a man detonated a pipe bomb inside a subway corridor in New York, seriously injuring himself but, because the device malfunctioned, not causing serious harm to anyone else.  Apparently intending to carry out a devastating suicide attack, Akayed Ullah posted a message on his Facebook page saying “Trump you failed to protect … Read more

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Domestic Violence Law and Procedure

In getting ready for the North Carolina magistrates’ fall conference and a session that I’m teaching on issuing process in domestic violence cases, I began thinking about the ways that North Carolina criminal law addresses domestic violence. The North Carolina General Assembly has made numerous changes and additions in this area of criminal law, collected … Read more

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District Court Judges Go to Washington

A week ago today, I sat in the gallery of the United States Supreme Court with twenty North Carolina district court judges listening to Chief Justice John Roberts announce the court’s opinion in Endrow v. Douglas County School District. The unanimous opinion, in which the court reversed the Tenth Circuit’s holding that a child’s Individual … Read more

May an Officer Search a Vehicle Incident to an Arrest for DWI?

In Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court of the United States ruled that an officer may “search a vehicle incident to a recent occupant’s arrest only when the arrestee is unsecured and within reaching distance of the passenger compartment” or it is “reasonable to believe evidence relevant to the crime of … Read more

Fourth Circuit Sets Out Authority to Frisk When a State’s Law Permits Possession of Concealed Firearm

The Fourth Circuit Court of Appeals, on a rehearing of a case en banc, held in United States v. Robinson, 2017 WL 280727 (Jan. 23, 2017), that an officer had the authority to conduct a frisk of a lawfully-stopped person whom the officer reasonably believed to be armed with a concealed firearm, regardless of whether … Read more

Criminal Law and Protests

Protests are breaking out all over. This weekend, protesters gathered at RDU to oppose President Trump’s travel ban. Last weekend, participants in Women’s Marches took to the streets of Washington and Raleigh. This post considers the criminal law issues that most often arise during protests.

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Court of Appeals Says Magistrate’s Order Does Not Toll Statute of Limitations

The court of appeals held yesterday in State v. Turner, __ N.C. App. ___ (2016), that the issuance of a magistrate’s order charging a defendant with driving while impaired did not toll the two-year statute of limitations for misdemeanors. Because the defendant was not tried within two years of the offense, the appellate court ruled … Read more

News Roundup

The officer-involved shooting of Keith Lamont Scott and the associated protests in Charlotte continue to be in the local and national news.  Mecklenburg County Public Defender Kevin Tully gave his view on the unrest in Charlotte late last week on NPR’s All Things Considered.  The Charlotte Observer reports that the Charlotte Police Department has announced … Read more