Automatic license plate readers, or ALPRs, have been in the news lately. Most ALPRs are made by a company called Flock Safety and therefore commonly are called Flock cameras. This post focuses not on the public debate about whether deploying such cameras is a good idea, but on the legal controversy about whether the use of Flock cameras without court supervision constitutes an unreasonable search in violation of the Fourth Amendment. To set expectations, this post...
NC Criminal Law
Improper venue is waivable, while improper jurisdiction ordinarily is not.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
When a statute sets forth disjunctive or alternative ways by which an offense may be committed, a warrant or indictment should charge them conjunctively, linking the alternatives by the word “and” instead of “or”.
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
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