Criminal Law

Insurrection at the Capitol Revives Debate Over Statute Outlawing Domestic Terrorism

January 19, 2021

Currently, there is no federal law or crime that directly addresses and outlaws “domestic terrorism.” Thus, domestic terrorism is not a chargeable criminal offense. Despite the fact that lawmakers, experts, and the media have identified the reprehensible events of January 6th as domestic terrorism, prosecutors cannot actually charge the rioters specifically with domestic terrorism. [...]

Cops, Not Robbers: The Clash Between No-Knock Warrants and the Castle Doctrine

January 2, 2021

The use of no-knock warrants has increased exponentially over the last few decades, highlighting a fatal clash between no-knock warrants and the castle doctrine. The killing of Breonna Taylor has sparked public outcry and has thrust two competing legal principles – the no-knock warrant and the castle doctrine – into the public eye.  Law professor Michael Mannheimer noted in an article with the Washington Post that a gunfight can occur between the police and a homeowner and “no one will [...]

Tracking the Recent Decisions in North Carolina’s Satellite-Based Monitoring Jurisprudence

May 4, 2020

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . .   The black device exclaimed “low battery” in a robotic voice drawing curious glances from passerby. This was his cue. The ankle monitor called the shots; he either had to leave or find a nearby electrical outlet for the device’s daily two-hour charging. Letting it die was not an option as it would lose signal—a major violation, [...]

What Monopoly Can Teach Us About Cash Bail Reform: Recent Efforts, Pros and Cons, and the Community Response

January 31, 2020

“Go to Jail. Go directly to jail. Do not pass go. Do not collect $200.” Jail is one of the most-landed on spaces in a typical game of Monopoly.  However, for many Americans, Monopoly jail is the closest they will ever come to being behind bars.  The latest Department of Justice statistics available on the jail population in America places the jail incarceration rate as of 2017 at 0.229 percent of the U.S. population (based on the number of confined inmates in local jails per [...]

Is that Legal Hemp or Illegal Marijuana? Essential Differences and the Consequences of Treating Them the Same

November 22, 2019

The 2019 North Carolina Farm Bill looks to ban smokable hemp throughout the state.  The North Carolina House of Representatives and Senate are at odds choosing a date to ban smokable hemp.  One side wants to accommodate law enforcement’s request to ban hemp, while the other side wants to make sure local farmers are protected. The legalization of smokable hemp creates issues in relation to law enforcement’s ability to establish probable cause based on the odor or appearance of marijuana.  [...]
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