I recently participated in a WFAE radio show about law enforcement use of drones, along with a captain from the Winston-Salem Police Department and an advocate from the ACLU. I thought the discussion was excellent, with a nice balance of perspectives. In the course of preparing for the program, I did an environmental scan about ... Read more

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After 43 days, the government shutdown has ended. President Trump signed the spending bill late Wednesday night, funding the federal government through January 2026. Along with resuming funding for food stamps and federal worker salaries, the bill includes provisions allowing senators to sue the Justice Department as well as broader criminalization of hemp derived products. ... Read more

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I’m pleased to share that the eighth edition of North Carolina Crimes: A Guidebook on the Elements of Crime is now available. It is available for purchase through the School of Government’s bookstore in either print or digital format. The digital edition will be updated periodically to reflect changes in the law. For example, an ... Read more

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Fourth Amendment rights are enforced primarily through the exclusionary rule, which provides that evidence derived from an unconstitutional search or seizure is generally inadmissible at trial. Under the good faith exception, however, evidence will not be suppressed when the investigating officer reasonably relied upon prior judicial authorization for the search, such as a subsequently invalidated ... Read more

The post The Exclusionary Rule and its Discontents: State v. Rogers and the Good Faith Exception appeared first on North Carolina Criminal Law.

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 5, 2025. Special thanks to my colleague Brittany Bromell for her contributions to today’s post. (1) Federal exploitation of a minor (18 U.S.C. 2252(a)(4)(A)) is substantially similar to state sexual exploitation of a minor (G.S.14-190.17A) requiring registration as ... Read more

The post Case Summaries: N.C. Court of Appeals (Nov. 5, 2025) appeared first on North Carolina Criminal Law.

According to the Orange County (CA) District Attorney’s Office, a dozen mentally ill defendants facing criminal charges could be released if the county cannot find a facility to house them. District Attorney Todd Spitzer said that mentally ill inmates go to state hospitals for up to two years to restore competency to move forward with ... Read more

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Each year the School of Government publishes new and revised pattern jury instructions for civil, criminal, and motor vehicle negligence cases. Those instructions are created and compiled by the North Carolina Conference of Superior Court Judges Committee on Pattern Jury Instructions. The 2025 updates are available for free download here. This year’s changes account for crimes ... Read more

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The popularity of electric bicycles (e-bikes) has surged across the country, from city streets to suburban trails. Their increased popularity has led to uncertainty and confusion in definition and regulation. Are e-bikes truly bicycles? Or are they motorcycles? Are they different from mopeds? Do you need a license to ride one? Who can regulate their ... Read more

The post The Current State of Electric Bicycles and the Law appeared first on North Carolina Criminal Law.

Last month, the General Assembly passed Session Law 2025-93 (H 307), also known as Iryna’s Law. The legislation makes a number of changes to proceedings involving pretrial release; adds a new aggravating sentencing factor; alters the way magistrates may be disciplined; and expands the permissible methods of execution, among other things. This post focuses on the ... Read more

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After the recent passage of HB 307, “Iryna’s Law,” questions are arising about whether executions will restart in North Carolina after a 19-year hiatus. Though the death penalty has been on the books during this period, legal challenges and practical issues have prevented the death penalty from being imposed. The main change in the new ... Read more

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Artificial intelligence (AI) continues to be a focal point for policy debates, legal disputes, and legislative action over the past year, both in North Carolina and across the United States. The pace of AI development keeps accelerating exponentially, forcing lawmakers, courts, and government agencies to consider carefully how they will regulate or use this technology. ... Read more

The post Artificial Intelligence, Government, and the Law: Updates from a Year of Rapid Change appeared first on North Carolina Criminal Law.

The 2024 Annual Report issued by the North Carolina Division of Juvenile Justice and Delinquency Prevention (DJJDP) includes descriptive information related to the processing of cases in the juvenile justice system and the use of facilities that serve juveniles.  Highlights include a notable increase in motor vehicle-related property offenses and increased demand for capacity in ... Read more

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