Is there a First Amendment right to livestream a traffic stop? The Fourth Circuit recently wrestled with this issue in the case Sharpe v. Winterville Police Department, 59 F.4th 674 (4th Cir. Feb. 7, 2023). The case arose from a traffic stop by officers with the Winterville Police Department on a vehicle occupied by plaintiff…
The recent criminal justice reform bill passed by the North Carolina General Assembly discussed here has caused local governments to review their ordinances to ensure they comply with the new law. In doing so, entities need to ensure the revisions don’t conflict with other portions of the ordinances. The recent opinion of Frazier v. Town…
Klapp v. Buck, a recent unpublished opinion by Judge Dillon of the North Carolina Court of Appeals revisits the defense of contributory negligence and confirms that this affirmative defense is not absolute. Background of the Case This case stems from an accident where Defendant’s vehicle collided with the Plaintiff who was riding her bicycle. The…
Governor Roy Cooper recently signed Senate Bill 300—a criminal justice reform bill—into law. The bill, reflecting the impact of the national conversation surrounding reform in law enforcement and attempts to address the calls for transparency from those who wear the badge, is expected to have major impacts on law enforcement and local governments in North…
The recent story of the zebra cobra loose in Raleigh made national news and, in the process, captured our attentions and nightmares. The story fascinated people of all ages who eventually came to the same conclusion: “How can someone own a zebra cobra in North Carolina?” Interestingly, current North Carolina laws permit a person to…
As the world continues to open up as it gets warmer out, municipalities are faced with their spring cleaning to-do lists, which may require the assistance of independent contractors. The concern local leaders have in calling on independent contractors is the potential exposure in the event something goes wrong. North Carolina case law draws the…
Over the last few years, a growing number of citizens have called for the removal of confederate monuments while other groups have demanded their preservation. What considerations should a local government include in its analysis in determining whether to remove a statue? The answer depends on the facts and procedural posture. In United Daughters of…
The North Carolina Court of Appeals recently considered the issue of whether a mediated settlement agreement can be signed by the attorneys on behalf of their clients in the case of Mitchell v. Boswell, ____ N.C.App. ___, ___ S.E.2d ___ (2020). In that case the parties were out of state while their attorneys participated in…
During the month of October, front yards across the country are transformed into ancient burial grounds where long term tenants are attempting to escape. In most situations, this spellbinding event vanishes on November 1st, leaving authentic cemeteries to exist without much thought until the next October. However, the COVID-19 pandemic has made “private cemeteries” –…
The COVID-19 pandemic has altered the way we, as a society, operate in our daily lives. Sheriffs and their leadership have been especially affected due to the challenges operating a detention facility presents during the pandemic. Jails around the country have attempted multiple strategies to protect the inmate population, including isolation, testing, and early release…