Updated Paper on Traffic Stops
I’ve just completed a revision of my paper on the law of traffic stops. It covers both when an officer may make a stop and what an officer may do […]
January 28, 2014
The Long Arm of the Law is a Bit Longer for DWIs
Local law enforcement officers have a little bit of extra territorial jurisdiction when it comes to investigating impaired driving. That grant of extra territorial jurisdiction (as opposed to extraterritorial jurisdiction, […]
January 16, 2014
The Bill for Driving While Impaired
A DWI conviction will cost you. Let’s take the case of a typical defendant who has never before been charged with or convicted of DWI. I’ll call him Forrest Firsttimer. […]
January 9, 2014
Trial Priority for DWI Cases and Motions to Dismiss
Deep in the statutory woods of the law allowing the seizure of motor vehicles driven by certain impaired drivers is a provision setting trial priority for the underlying criminal charges. […]
December 19, 2013
May Magistrates Be Compelled to Testify about Their Decision-Making Processes?
When a defendant move to dismiss DWI charges based on a violation of his pre-trial release rights, the State’s first response is predictable: Subpoena the magistrate who presided over the […]
December 4, 2013
Four hour delay to obtain search warrant an exigency, at least for now
The court of appeals decided its first post-Missouri v. McNeely alcohol exigency case yesterday. The court in State v. Dahlquist determined that the four to five hours that the arresting […]
November 26, 2013
May the police seize and impound cars driven by people charged with minor traffic violations?
The News and Observer reported Sunday on the Hamlet Police Department’s seizure of vehicles from drivers charged with low-level traffic offenses and the subsequent selling of those vehicles as scrap […]
November 7, 2013
Re-examining Implied Consent after McNeely, Part III
The first two posts in this series (here and here) discussed opinions from state supreme courts in Arizona and Minnesota considering, post-McNeely v. Missouri, 133 S.Ct. 1552 (2013), whether a […]
November 6, 2013
Re-examining Implied Consent After McNeely, Part II
Yesterday’s post discussed challenges to implied consent laws raised by defendants following the Supreme Court’s decision last spring in Missouri v. McNeely, 133 S.Ct. 1552 (2013). The post summarized the […]
November 5, 2013
Re-examining Implied Consent After McNeely, Part I
The United States Supreme Court held last term in Missouri v. McNeeIy, 133 S. Ct. 1552 (2013), that the natural dissipation of alcohol in a person’s bloodstream does not constitute […]
Subscribe
Categories
Blog Authors
- Maggie Bailey (3)
- Brittany Bromell (88)
- Emily Coward (8)
- Alexander Cowell (3)
- Melanie Crenshaw (2)
- Michael Crowell (7)
- Shea Denning (637)
- Sara DePasquale (9)
- Phil Dixon (199)
- James Drennan (1)
- Belal Elrahal (32)
- Whitney Fairbanks (1)
- Bob Farb (46)
- Rebecca Fisher-Gabbard (2)
- Jacquelyn Greene (78)
- Alyson Grine (16)
- Timothy Heinle (7)
- Jonathan Holbrook (56)
- Joseph L. Hyde (53)
- Kirsten Leloudis (1)
- Caitlin Little (1)
- Ian Mance (3)
- Jamie Markham (558)
- Chris McLaughlin (1)
- Kristi Nickodem (4)
- Alex Phipps (86)
- M. Jeanette Pitts (2)
- LaToya Powell (7)
- Ethan Rex (3)
- John Rubin (96)
- Jessica Smith (253)
- Meredith Smith (5)
- Daniel Spiegel (42)
- Tom Thornburg (6)
- Hannah Turner (11)
- Christopher Tyner (262)
- Jeff Welty (1204)