The North Carolina legislature recently passed S.L. 2021-68 which amends the existing financial transaction card theft statute to include knowingly possessing, selling, or delivering a skimming device.
possession
Possession of Fentanyl
In keeping with my recent work in the Chapter 90 realm, here is another issue, presented in pop quiz form. Without peeking at the statutes:
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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.
Interesting Constructive Possession Case
The last batch of opinions from the court of appeals included a really interesting constructive possession case.The facts of State v. Slaughter, __ N.C. App. __ (2011), are as follows. Officers executed a search warrant at a mobile home. The defendant did not live in the home but was present at the time of the … Read more
Constructive Possession of Drugs
One of the most frequently litigated issues in North Carolina drug cases is constructive possession. Jeff wrote about one case (here) over a year ago. My research shows no less than eleven published cases in the last two years (click here for a full case listing in my online Criminal Case compendium), including one earlier … Read more
Miller and Constructive Possession
Last week, the North Carolina Supreme Court decided State v. Miller, an interesting and very, very close constructive possession case. Prosecutors, defense lawyers, and judges should all be aware of it. The short version of the facts is as follows: Winston-Salem police obtained a search warrant for a house based on suspicion of drug activity. … Read more