Jeff Welty

New Publication on Electronic Search and Seizure

As I’ve mentioned before, I’m especially interested in the law regarding electronic communications and electronic evidence. (For one thing, it allows me to look at web sites like Gizmodo and claim that I’m working.) I’ve previously published a paper on law enforcement use of GPS tracking devices, as well as several blog posts about electronic … Read more

News Roundup

Even leaving aside the saga at the Board of Elections, there have been too many interesting news stories lately to ignore. 1. The News and Observe has this story about inmates seeking release in connection with the Bowden case. (You can read previous posts about Bowden here and here.) 2. The paper’s also running a … Read more

Traffic Stops, Part II

I noted yesterday that a law enforcement officer conducting a traffic stop may order the driver and any passengers out of the vehicle. It’s also reasonably clear that the officer can order the vehicle’s occupants to remain in the vehicle. Robert L. Farb, Arrest, Search, and Investigation in North Carolina 30 & n.160 (collecting cases). … Read more

Traffic Stops

As one eminent Fourth Amendment scholar has observed, “[i]n recent years more Fourth Amendment battles have been fought about police activities incident to . . . what the courts call a ‘routine traffic stop’ than in any other context.” 4 Wayne R. LaFave, Search and Seizure § 9.3 (4th ed. 2004). Because so many criminal … Read more

Should Child Pornography Offenders Forfeit Their Homes?

I’ll get to the topic of today’s post in just a moment, but first I wanted to note what I found to be a fascinating little tidbit about the Willingham case, which I’ve previously addressed here and here. It has to do with Willingham’s final words, and I promise that if you have the slightest … Read more

News Roundup

The criminal-law-related legal news has been coming fast and furious over the past week or so. 1. The fallout from the Bowden case continues. The case, discussed here, held that a life sentence imposed during a several-year window in the 1970s meant 80 years, subject to further reduction through good time credits. Later this month, … Read more

Larceny: Spouse vs. Spouse Edition

I was recently asked whether one spouse can properly be charged with larceny for stealing joint property from the other spouse. Apparently, this question comes up frequently with separated spouses. For example, assume that Harry and Sally are separated. Sally lives at the house they formerly shared, and Harry lives in an apartment nearby. If … Read more