Must Officers Now Arrest, Rather Than Cite, for Misdemeanor Marijuana Possession?

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.

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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

Fingerprinting Uncooperative Defendants

From time to time, an officer or a magistrate asks how to respond when a defendant who is properly subject to fingerprinting under G.S. 15A-502 refuses to be fingerprinted. There are at least three good ways to address this situation: First, the magistrate can make fingerprinting a condition of release.  This is probably permitted under … Read more