News Roundup

Published for NC Criminal Law on October 03, 2014.

It has been a crazy week in Raleigh, what with the jail accidentally releasing an alleged sex offender, and a fracas unfolding over concealed carry at the upcoming State Fair. I’m planning to write a post next week on the latter issue, but today I’ve gathered important news about an upcoming Supreme Court case, surprising news about playoff baseball and crime rates, interesting news about sheriffs’ compensation, and an announcement about a new School of Government publication. Check it out! Cert grant in traffic stop case. Yesterday, the United States Supreme Court granted review in United States v. Rodriguez, a case that presents the following question: This Court has held that, during an otherwise lawful traffic stop, asking a driver to exit a vehicle, conducting a drug sniff with a trained canine, or asking a few off-topic questions are “de minimis” intrusions on personal liberty that do not require reasonable suspicion of criminal activity in order to comport with the Fourth Amendment. This case poses the question of whether the same rule applies after the conclusion of the traffic stop, so that an officer may extend the already-completed stop for a canine sniff without reasonable suspicion or other lawful justification. The scope and proper application of the de minimis doctrine in traffic stop cases is one of the most important and muddled questions in Fourth Amendment law, so I will be watching the case closely. Heien brake light case update. Speaking of the Supreme Court, recall that it is soon to [...]