State v. Turnage and Determining When a Defendant is Seized
A Fourth Amendment seizure does not occur when an officer turns on her patrol vehicle’s lights and siren to signal for a vehicle to stop. Instead, it occurs when a […]
May 21, 2018
Supreme Court: Driver of Rental Car, Not Listed on Rental Agreement, Has Reasonable Expectation of Privacy
A week ago today, the Supreme Court of the United States resolved a circuit split and ruled that a person driving a rental car, but not listed on the rental […]
April 17, 2018
Shhhh! Whisper Stops and U.S. v. Bowman
I recently summarized a Fourth Circuit traffic stop case arising out of western North Carolina, U.S. v. Bowman, 884 F.3d 200 (4th Cir. 2018). It’s an interesting case in its […]
April 16, 2018
Search Warrants for Lawyers’ Offices
Last week, the FBI executed a search warrant at the office of Michael Cohen, a lawyer who has worked for President Trump. The Washington Post reports that Cohen is being […]
April 2, 2018
When Is a Residence Abandoned under the Fourth Amendment?
An officer normally needs a search warrant to search a residence, unless an exception to the warrant requirement applies. That’s because residences are protected by a reasonable expectation of privacy […]
February 26, 2018
Particularly Describing the Evidence to Be Seized under a Search Warrant
The Fourth Amendment states in part that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the […]
February 12, 2018
Probable Cause and Child Pornography
Shea blogged last week about State v. Terrell, a case in which the defendant’s girlfriend saw on one of the defendant’s USB drives an “image of [the girlfriend’s] nine-year-old granddaughter sleeping […]
February 8, 2018
State v. Terrell and the Private Search Doctrine
Author’s note: The North Carolina Supreme Court in State v. Terrell, ___ N.C. ___, 831 S.E.2d 17 (Aug. 16, 2019), affirmed the court of appeals judgment discussed below. The state […]
January 31, 2018
Probable Cause, Pretext and the Proliferation of Crimes
I concluded last week’s post on District of Columbia v. Wesby, ___ U.S. ___ (2018), with a promise to return to Justice Ginsburg’s suggestion in her concurring opinion that it […]
January 30, 2018
When a Person Commits a Crime, Is There Probable Cause to Search the Person’s Phone for Evidence?
The question in the title of this post is one that I’ve been asked lots of times in different factual contexts. The basic question is, given that most people have […]
Subscribe
Categories
Blog Authors
- Maggie Bailey
- Brittany Bromell
- Emily Coward
- Alexander Cowell
- Melanie Crenshaw
- Michael Crowell
- Shea Denning
- Sara DePasquale
- Phil Dixon
- James Drennan
- Belal Elrahal
- Whitney Fairbanks
- Bob Farb
- Rebecca Fisher-Gabbard
- Jacquelyn Greene
- Timothy Heinle
- Jonathan Holbrook
- Joseph L. Hyde
- Kirsten Leloudis
- Caitlin Little
- Ian Mance
- Jamie Markham
- Chris McLaughlin
- Kristi Nickodem
- Alex Phipps
- M. Jeanette Pitts
- LaToya Powell
- Ethan Rex
- John Rubin
- Jessica Smith
- Meredith Smith
- Daniel Spiegel
- Tom Thornburg
- Hannah Turner
- Christopher Tyner
- Jeffrey Welty