News Roundup

The News and Observer reports that the government may seek an indictment against former Senator John Edwards as soon as next week. The case is expected to center around money funneled to Edwards’ mistress by two Edwards supporters, with the government contending that the money amounted to illegal campaign contributions and Edwards claiming that they … Read more

News Roundup

The big news nationally this week was the New York arrest and indictment of Dominique Strauss-Kahn on charges that he sexually assaulted a maid at a Manhattan hotel. Prior to his arrest, Mr. Strauss-Kahn was the head of the International Monetary Fund and was widely expected to be the next president of France. The New … Read more

Do Multi-Unit Dwellings Have Curtilage?

The curtilage of a home is the area “directly and intimately connected with the [home] and in proximity” to it. State v. Courtright, 60 N.C. App. 247 (1983). In other words, it is the area that “harbors the intimate activity associated with the sanctity of a man’s home and the privacies of life.” United States … Read more

Kentucky v. King and the Officer-Created Exigency Doctrine

Yesterday, the Supreme Court decided Kentucky v. King, a case that addresses — actually, eviscerates — the officer-created exigency doctrine. The facts are as follows: Officers investigating possible drug crimes smelled an odor of marijuana emanating from an apartment door. They banged loudly on the door and announced their presence. They heard people moving inside … Read more

News Roundup

The weather forecast calls for a rainy weekend: a good time to sit around, listening to some music. Preferably Bob Dylan, since he is apparently the musician most often cited in legal opinions, more than the Beatles and Bruce Springsteen combined. In other news: 1. The Innocence Inquiry Commission is looking into an Asheville murder … Read more

Warrant Searches of Computers

Last week, I posted a paper about warrantless searches of computers and electronic devices. Today, I’m posting its companion: this paper about warrant searches of computers, which I have just finished updating today. Although the paper focuses on computers, the principles discussed in the paper apply equally to other electronic devices. It turns out that … Read more

Guests’ Expectation of Privacy in Garages and Outbuildings

I’ve had a couple of questions recently about something that I’d never considered before: whether a guest has “standing” to contest a search of the outbuildings associated with a host’s home. Most readers will know the legal backdrop. In order to argue that the results of an allegedly illegal police search should be suppressed, a … Read more