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New Resource on Juvenile Delinquency Investigations

The investigation of offenses subject to juvenile jurisdiction requires an understanding of how the law regarding juvenile investigations varies from the law that governs criminal investigations. I am happy to share Juvenile Law Related to the Investigation of Delinquent Acts, a new Juvenile Law Bulletin that details laws unique to juvenile investigations. This blog provides some highlights from the search and seizure section of the Bulletin.

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New Requirement that Law Enforcement Officers Intervene and Report Excessive Use of Force

The North Carolina Task Force for Racial Equity in Criminal Justice recommended in a 2020 report that state and local law enforcement agencies enact policies requiring officers to intervene in and report about circumstances in which a law enforcement officer witnesses excessive use of force or abuse of a suspect or arrestee. The North Carolina Sheriff’s Association similarly recommended in a 2020 report that all law enforcement agencies and the North Carolina Law Enforcement Accreditation Program adopt a policy requiring an officer to intervene when necessary to prevent another officer from using excessive force and to report any such intervention. This session, the General Assembly imposed such duties as a matter of state law rather than agency policy. This post will discuss current statutory law governing officer’s use of force and recent amendments enacted by S.L. 2021-137 (H 536) and S.L. 2021-138 (S 300).

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Fourth Circuit Confronts Issues of Race and Policing

2020 has so far seen several court opinions addressing racial discrimination in criminal cases in one way or another. A majority of the U.S. Supreme Court in Ramos v. Louisiana, 590 U.S. ___ (2020), struck down Louisiana’s practice of allowing non-unanimous jury verdicts, pointing to the law’s racist origins (Emily Coward blogged about the decision here). In State v. Bennett, ___ N.C. ___, 843 S.E.2d 222 (June 5, 2020) and State v. Hobbs, ___ N.C. ___, 841 S.E.2d 492 (May 1, 2020), the North Carolina Supreme Court sent back Batson claims for merits hearings at the trial court (before those decisions, Emily discussed the cases in part here). In State v. Copley, 374 N.C. 224 (April 3, 2020), the N.C. Supreme Court grappled with the issue of race in closing argument (Emily also wrote about the Court of Appeals opinion in that case here). Additionally, the court recently ruled in favor of two capital defendants in the Racial Justice Act litigation. See State v. Ramseur, ___ N.C. ___, 843 S.E.2d 106 (June 5, 2020) (holding repeal of RJA was unconstitutional as an ex post facto violation and granting evidentiary hearing on the merits of claims) and State v. Burke, ___ N.C. ___, 843 S.E.2d 246 (June 5, 2020) (same).

Turning to policing, the Court of Appeals recently weighed in on civil liability and the police, with a divided panel finding excessive force claims against the officer could proceed and affirming the trial court. See Bartley v. City of High Point, ___ N.C. App. ___, ___ S.E.2d ___ (July 7, 2020). Although the case did not involve allegations of racial bias, it focused on immunity issues that are common in such cases. At the Fourth Circuit, two recent decisions directly addressed issues of race and policing. The first case involved the denial of qualified immunity for officers involved in the fatal shooting of a black suspect; the second dealt with warrantless pedestrian stops. Both cases raise interesting and relevant concerns in the conversation on racial justice and police reform. The excessive force case is Estate of Wayne A. Jones v. City of Martinsburg, 961 F.3d 661 (June 9, 2020) and the warrantless stop case is U.S. v. Curry, ___ F.3d ___, 2020 WL 3980362 (July 15, 2020) (en banc). Today’s post examines the excessive force decision.

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County of Los Angeles v. Mendez: Excessive Force Claims and the End of the Provocation Rule

Suppose a law enforcement officer enters the front door of your home without a warrant. You are asleep when he enters, but wake up when you hear the door open. You pick a gun up from your nightstand and walk toward the front door.

The officer sees you coming toward him with the gun pointed in his direction.

Is it reasonable for him to shoot you? Is the entity that employed the officer liable for your injuries?

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