An ankle bracelet is more than a fashion statement: it's a search. At least according to the Supreme Court's holding in Grady v. North Carolina, which found that a state conducts a Fourth Amendment search when it affixes a device to an individual's body, sans consent, for the purposes......
Adam Bates In a per curiam opinion this week, Grady v. North Carolina, the U.S. Supreme Court reinforced recent 4th Amendment decisions in holding that when the government physically occupies private property for the purpose of obtaining...Show More Summary
We were on our way to soccer practice when we got the news: North Carolina’s Amendment One had been struck down in the late afternoon on a Friday in October. My seven and a half year marriage to my partner was finally officially a hundred percent legal (in our state). Show More Summary
A North Carolina gun manufacturer has called on the firearm industry to boycott actor Liam Neeson over the Taken 3 star’s controversial comments about guns. In a Facebook post, PARA USA said the company now regretted providing firearms to be used in the Taken 3 film. “While the film...
A decision handed down by the Supreme Court earlier in December may have disturbing implications for Fourth Amendment rights. But Heien v. North Carolina is notable for another reason: it marks the emergence of Sonia Sotomayor, President Obama's first Supreme Court nominee, as the strongest voice for civil liberties on the court. Show More Summary
Last week the U.S. Supreme Court ruled 8-1 in favor of the police in a Fourth Amendment case in which the arresting officer's "mistake of law" led him to conduct an erroneous traffic stop (and subsequent car search) based on a non-existent legal offense. Show More Summary
A North Carolina law requiring physicians to perform an ultrasound, display the sonogram, and describe the fetus to women seeking abortions has been struck down by the U.S. Court of Appeals for the 4th Circuit. Because the intent ofShow More Summary
The Supreme Court today handed down Heien v. North Carolina. An officer stopped a car that had a brake light burned out, and in the course of the stop discovered cocaine. It turns out that the North Carolina traffic statutes...
In a decision issued this morning, the U.S. Supreme Court sided with the police in a case arising from an officer’s “mistake of law.” At issue in Heien v. North Carolina was a 2009 traffic stop for a single busted brake light that led to the discovery of illegal drugs inside the vehicle. Show More Summary
Nevertheless, AOC Director Smith claims that magistrates swear an oath to the United States Constitution, and, therefore, have a duty to perform such marriages since two federal judges have ruled the State's Marriage Amendment that defines marriage as one man and one woman is unconstitutional. Show More Summary
Sixteen North Carolina judges have either resigned or retired after gay marriage became legal in that state last month after a judge ruled that an amendment to the state's constitution banning same-sex marriage was unconstitutional.
On Monday, Randy Jackson and Eddie Locklear of Elizabeth City, North Carolina attempted to make their partnership official after thirty-one years. The state's same-sex marriage ban, Amendment One, had been struck down and their request should have been respected. However,...
Nearly two years after North Carolina voters approved a constitutional amendment recognizing marriage only as a union between a man and a woman, a federal court judge in Charlotte on Friday overturned the ban, allowing gay and lesbian couples across the state to marry immediately. Show More Summary
Thursday night, in a debate for North Carolina’s U.S. Senate seat, Republican nominee Thom Tillis was asked about the state’s constitutional amendment against gay marriage. The amendment, enacted through a 2012 ballot measure, has been tied up in court. Show More Summary
North Carolina's same-sex marriage ban has been struck down. The post BREAKING: North Carolina’s same-sex marriage ban, Amendment 1, is unconstitutional appeared first on Equality On Trial.
Matt Comer reports at Q Notes: A federal judge in North Carolina’s Western District has issued an order permanently prohibiting defendants in a United Church of Christ lawsuit against North Carolina’s anti-LGBT amendment from enforcing the ban. Show More Summary
JUST IN: Osteen denies GOP motion for oral arguments. Still no word on striking down anti-#LGBT amendment. #DayOneNC — QNotes (@qnotescarolinas) October 10, 2014 BREAKING: Judge Osteen asks plaintiffs to respond by 3 on Monday. No ruling from him today. #DayOneNC — Equality NC (@equalitync) October 10, 2014
Via the News-Observer: Phil Berger [photo], president pro tem of the N.C. Senate, and Thom Tillis, speaker of the N.C. House of Representatives, two of the Republican leaders who helped shepherd Amendment One to a statewide referendum,...Show More Summary
The U.S. Supreme Court heard oral argument today in Heien v. North Carolina, a case which asks whether a police officer's "mistake of law" can provide he necessary justification for a traffic stop under the Fourth Amendment. The case arose in 2009 when North Carolina police stopped Nicholas Heien for driving with one broken brake light. Show More Summary
The Supreme Court is back in business today, kicking off its 2014-2015 term with oral argument in the case of Heien v. North Carolina, a Fourth Amendment dispute with major implications for the liberty of everyone who comes into contact with the police while driving a car. Show More Summary