Last week, the SOG offered a criminal law update featuring various members of the criminal law faculty. If you missed it and are interested viewing the recording, the webinar should be posted here within a few weeks. This post will be familiar to those who attended, as I covered the topic there. Consider watching the program—it is free to view for educational purposes, and a modest cost if you need the CLE credit. For those that prefer their criminal law updates from the blog, read on! RDO. In 2019, the offense of resist, obstruct, or delay of a public officer (hereafter “RDO”) was one of the most common misdemeanor convictions in the state, a pattern consistent with previous years (see here and here for 2018 and 2017 data). The crime is codified at G.S. 14-223. A recent case, State v. Humphreys, ___ N.C. App. ___ (Dec. 31, 2020), struck down a conviction for RPO, and highlights some interesting limitations on the offense. Today’s post examines the decision and some of its implications. Facts. In State v. Humphreys, ___ N.C. App. ___ (Dec. 31, 2020), the defendant’s daughter drove the defendant’s car to high school. During a random canine walkthrough of the school’s parking lot, the dog alerted on the car. The defendant was notified and quickly arrived on scene. She was “belligerent, cursing, and very loud” from the time she arrived. Slip op. at 3. She ultimately consented to a search and closely watched the officers during their search. An officer [...]
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