Update on Fingerprints, Phones, and the Fifth Amendment

Can a court order a suspect to use the suspect’s fingerprint to unlock his or her smartphone? Or would that violate the suspect’s Fifth Amendment privilege against self-incrimination? I wrote about that issue here. This post updates the previous one with two new cases and some additional discussion.

Read more

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.

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

News Roundup

Several stories of interest to readers of this blog have appeared over the last several days.  First, the Winston-Salem Journal, in an editorial available here, is asking the General Assembly to take a close look at the death penalty, and to impose a moratorium while it does so.  Of course, as the editorial notes, we … Read more