Detentions May an officer set up and conduct a license checkpoint –Without reasonable suspicion of any offense? –If all cars are not stopped? –Without supervisory approval and without a written plan? –If the officer’s motive is to check for impaired driving?

Detentions-2 May an officer stop a driver based on reasonable suspicion (less than probable cause) for –Impaired driving? –Driving while license revoked? –Other traffic violations, such as following too closely, speeding, or running a red light?

Detentions-3 Once an officer lawfully stops a driver for a possible traffic violation, the officer may inquire into matters unrelated to the traffic stop if –The driver is not detained for an unreasonably long time? –The officer has developed reasonable suspicion during the traffic stop of other unlawful activity? –The traffic stop has ended and the driver consents to remain?

Custody A person is in “custody” for purpose of Miranda warnings –Whenever a person has been arrested but not before then? –Whenever a person has been placed in handcuffs? –Whenever a person is placed in the back of a patrol car? –Whenever officers draw their guns

Right to Counsel May a defendant move to suppress in the current proceeding (that is, collaterally attack) a conviction from a prior proceeding on the ground that –The conviction was based on a guilty plea that was not knowing or voluntary? –The defendant had a right to and was denied counsel? –Prior counsel was ineffective?

Right to Counsel-2 May the court remove defendant’s attorney on conflict grounds –Even though the client has expressly waived any conflict? –Whenever the attorney has previously represented the victim?

Assaults & Threats A threat need not be directly communicated to the victim if –The person who heard the threat is related to the victim? –The threat was passed on to the victim, a reasonable person would believe the threat would be carried out, and the victim believed the threat would be carried out?

Assaults & Threats-2 Can defendant be convicted of assault with deadly weapon if defendant –Uses his or her hands or feet only? –Displays a firearm but doesn’t point it at victim? Can defendant be convicted of assault on officer if defendant –Approaches LEO while off duty and shoves him? –Strikes undercover officer who has not identified himself as LEO?

Impeachment A prior conviction within the previous 10 years is admissible to impeach in NC –Only if it bears on truthfulness? –Only if it has a specific classification (e.g., Class 1 misdemeanor or higher)? –Only if the witness being impeached is on the stand?

Hearsay A prior recorded statement may be admitted under the hearsay exception for prior recorded statements only if –The statement satisfies some other exception, such as excited utterance or medical diagnosis and treatment? –The statement correctly reflects the witness’s knowledge at the time (i.e., the witness doesn’t recant)?

Hearsay-2 A statement may not be admitted under the residual hearsay exception if –The proponent has failed to give written notice of intent to offer the statement before trial? –The witness who made the statement has recanted?

404(b) Evidence In a case involving domestic violence, evidence offered under 404(b) may include the facts and circumstances –Of prior acts of abuse by the defendant toward the victim? –Underlying prior convictions? –Underlying prior domestic violence protective orders?

Probation May district court impose –Consecutive sentences of active imprisonment? –Consecutive suspended sentences beyond limit for consecutive sentences for active time? –Consecutive terms of probation? –Term of probation beyond statutory limit without specific finding?

New Legislation OFA for FTA for misdemeanor citation Blood tests in DWI cases –Qualifications –Results for pretrial revocations “Faulty” speedometer DART Assault on DSS, GAL Stalking and supervised probation