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 […]
January 29, 2018
Real-Time Cell Phone Tracking Update, Including a New Case
The Court of Appeals of North Carolina recently decided a case about police obtaining real-time location information from a suspect’s cellular service provider. The case does not address the principal […]
January 25, 2018
Probable Cause and the Party at Peaches’ House
The United States Supreme Court issued its opinion in District of Columbia v. Wesby on Monday, holding that police officers had probable cause to arrest 16 people for unlawful entry […]
November 20, 2017
Trial Preparation Taints Eyewitnesses’ In-Court Identification, Leads to Reversal of Murder Conviction
Last week, the court of appeals reversed a defendant’s conviction for first-degree murder. That doesn’t happen every day, so let’s unpack the case. The central issue concerns two eyewitnesses’ in-court […]
November 6, 2017
Supreme Court of North Carolina: Officer Did Not Improperly Extend a Traffic Stop by Frisking a Driver and Ordering the Driver into a Patrol Car
In 2015, the Supreme Court of the United States decided Rodriguez v. United States, 575 U.S. __, 135 S. Ct. 1609 (2015). Rodriguez held that it was improper for an […]
October 23, 2017
New Book on Traffic Stops and Offenses
I’m pleased to announce that the School of Government has just released a new book entitled Pulled Over: The Law of Traffic Stops and Offenses in North Carolina. Shea Denning, […]
October 16, 2017
New Cases Hold that Using a Stingray Is a Search
Several years ago, I wrote about law enforcement use of cell site simulators, or Stingrays, noting that “[t]here’s a controversy about the legal status of these devices.” This post discusses […]
October 9, 2017
Should an Officer Use His or Her Personal Cell Phone to Take Work-Related Photographs?
I’ve been asked several times lately whether it is a good idea for an officer to use his or her personal cell phone to take work-related photographs, such as photographs […]
September 25, 2017
U.S. Supreme Court Preview: Carpenter v. United States
In June, the United States Supreme Court granted certiorari in Carpenter v. United States (No. 16-402) (docket here), a case involving the intersection of technology and the Fourth Amendment and […]
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