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Brian Beasley is the Legal Adviser for the High Point Police Department in High Point, North Carolina. In order to justify his exorbitant (not really) salary and keep his officers informed of the latest changes in the law, he writes legal updates from time to time. Brian knows that officers aren’t generally enthusiastic about reading something entitled “Legal Update” so he tries to include some humorous footnotes to encourage them. Since he began writing these updates, officers from other agencies have asked to be added to the mailing list, but Brian decided that creating a blog was by far a more arrogant and geeky option.

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    Discovery Dilemmas

    27 Mar

    Posted by Brian Beasley In Legal Update

    To download a PDF file of this update, click here

    Discovery Dilemmas:
    Keeping Your Cards Close To Your Chest
    Legal Question of The Week

    Vol. 2, Number 8
    March 27, 2009 

    Brian Beasley
    Occasional Card Shark and Legal Adviser, HPPD

                Suppose you are playing a friendly game of No Limit Texas Hold’em, Gin Rummy, or my personal favorite, Crazy Eights.1  You learn from an early age that you have to keep your cards close to your chest unless you want your opponent to know what you have in your hand and therefore give him an unfair advantage.  Applying that lesson to our adversarial criminal justice system, we sometimes feel the need to hold back information from the defense so they don’t gain an unfair advantage at trial.2  The information shared between parties to a lawsuit (whether civil or criminal) is called discovery, and like everything else in our system is governed by both constitutional and statutory laws.  In this update, we’ll look together at what has to be turned over to the defense. Read More

    1. Of course, none of these games would be played for money.  I’m already in trouble enough with Tony Staley over the APPEARANCE that I might have possibly entered an NCAA tournament pool contest (maybe).  And I purposely left strip poker off the list.  This is a family publication, after all. ↩
    2. I know that sometimes this is not about “advantage” or “disadvantage” at trial but the fact that the particular defense attorney that is asking for the information is a jerk, or worse.  But the best revenge against unscrupulous or unethical attorneys is beating them over the head with a strong case that you have put together while following all laws and rules to the letter.  Please do not stoop to the level of your adversaries by trying to cut corners and cleverly trick them with misdirection or outright deception.  You will end up losing in the long run. ↩
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    Oooh, That Smell – The Plain Smell Doctrine

    13 Mar

    Posted by Brian Beasley In Legal Update

    To download a PDF file of this update, click here

    Oooh, That Smell:1  The Plain Smell Doctrine
    Legal Question of The Week

    Vol. 2, Number 7
    March 13, 2009 

    Brian Beasley
    The Nose that Knows and Legal Adviser, HPPD

                It’s ACC Tournament time and the games are going on, so let’s get right to today’s topic without a whole lot of senseless humor.2

                A good law enforcement officer is alert to his or her surroundings and uses all of his or her faculties and senses to solve crimes and catch criminals.  Along those lines, I hope that all of you are aware of the plain view doctrine.  For those of you that are not aware and are ashamed to admit it, here’s a refresher: Read More

    1. With apologies to Lynyrd Skynyrd.  “Oooh, that smell.  Can’t you smell that smell?  Oooh, that smell.  The smell of death surrounds you.”  Try getting THAT song out of your head now. ↩
    2. I was all set to point out the unpleasant odors that tend to drift down the hallways of our police department from time to time, but when I found out they usually originate from the violent crimes office, I decided to keep quiet about them. ↩
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    A Picture Is Worth A Thousand Words

    06 Mar

    Posted by Brian Beasley In Legal Update

    To download a PDF file of this update, click here

    A Picture Is Worth A Thousand Words:1
    Photographic Lineups and G.S. 15A-284.52
    Legal Question of The Week

    Vol. 2, Number 6
    March 6, 2009

    Brian Beasley
    Voted Most Photogenic and Legal Adviser, HPPD 

                Lately we’ve received some reports here in the legal office about some photographic lineups being done incorrectly.  Before you think you know who I’m talking about, let me say that there has been more than one.  The good news is that there have been less than 50.  Since there seems to be some widespread confusion in this area, I thought it might be time for a review. Read More

    1. Rodney Dangerfield used to tell a joke that went like this:  “The other night I went out and the bartender asked me ‘what will you have?’  So I said ‘surprise me’ and he showed me a naked picture of my wife.  I tell ya, I get no respect.”  Not a particularly appropriate joke for a legal update, but it was the only joke I could think of that dealt with showing a picture to someone. ↩
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