This session, the General Assembly made some changes to the statute governing the fingerprinting of criminal defendants. Inside and outside the School of Government, people are divided about whether the statute now requires officers to arrest, rather than cite, individuals for misdemeanor marijuana possession offenses.
arrest
I’ve Been Arrested . . . But Committed No Crime
[Author’s Note: This post has been substantively edited to make corrections in response to helpful comments from readers.]
A person generally may not lawfully be arrested unless there is probable cause to believe he has committed a crime. But there are several exceptions to this rule. Most involve arrests made pursuant to an order for arrest issued by a judicial official. A judicial official may, for example, issue an order for the arrest of a defendant who fails to appear in court or who violates conditions of probation. See G.S. 15A-305(b). And there is one circumstance in which a law enforcement officer may, without a judicial order or warrant for the defendant’s arrest and without probable cause to believe a crime has been committed, arrest a defendant. That’s when the officer has probable cause to believe the defendant has violated a condition of pretrial release. G.S. 15A-401(b)(1),(b)(2)(f.).
Booking Fees
The Seventh Circuit just ruled that the $30 booking fee charged to each arrestee in an Illinois town is constitutional. Markadonatos v. Village of Woodridge, __ F.3d __, 2014 WL 60452 (7th Cir. Jan. 8, 2014). I had never heard of booking fees and decided to learn a bit more about them, including where they … Read more
Supreme Court Upholds Taking DNA Upon Arrest
Yesterday the Supreme Court decided a case that one Justice called “perhaps the most important criminal procedure case that this Court has heard in decades.” A bare majority of the Court ruled that the police may take DNA from those arrested for, but not yet convicted of, “serious offense[s].” The case resolves a deep split … Read more
Rights Upon Arrest
An Egyptian-American activist/columnist/media personality named Mona Eltahawy was recently arrested in New York while defacing a pro-Israel subway advertisement. The entire incident was captured on video and can be seen here. Over at the Volokh Conspiracy, Professor Orin Kerr focuses on Ms. Eltahawy’s demand that the arresting officer tell her what she was being arrested … Read more
New Version of Arrest, Search, and Investigation Now Available
I can’t count how many times I’ve been asked when there will be a new edition of Arrest, Search, and Investigation in North Carolina. Ask no more: the Fourth Edition is now available. I have a copy on my desk right now. You can read more about the book, and order a copy for your … Read more