Hot Pursuit of a Suspect Within and Outside North Carolina
This post reviews what is commonly known as “hot pursuit” of a suspect to make an arrest outside an officer’s territorial jurisdiction. Note, however, that the actual term in G.S. […]
April 11, 2017
Status of North Carolina Court of Appeals Cases Before the North Carolina Supreme Court on the Scope of a Traffic Stop under Rodriguez v. United States
In Rodriguez v. United States, 135 S. Ct. 1609 (2015), the United States Supreme Court significantly limited the scope of a traffic stop. It is almost exactly two years since […]
March 28, 2017
When Does a Seizure Occur When an Officer’s Vehicle Displays Emergency Lights That Directs a Vehicle to Stop?
Jeff Welty wrote a post in 2010 on when a seizure occurs after an officer operates emergency lights to order a driver to stop his or her vehicle. This post […]
March 14, 2017
Fourth Circuit Court of Appeals Rules That an Officer Was Not Entitled to Summary Judgment in a Civil Lawsuit for an Arrest Allegedly Made Without Probable Cause
The Fourth Circuit Court of Appeals recently ruled (2-1) in Smith v. Munday, 848 F.3d 248 (4th Cir. Feb. 3, 2017), that a North Carolina officer was not entitled to […]
March 6, 2017
May an Officer Search a Vehicle Incident to an Arrest for DWI?
In Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court of the United States ruled that an officer may “search a vehicle incident to a recent occupant’s arrest only […]
March 1, 2017
May Teachers Search Students’ Cell Phones?
I have a “friend” whose teenage son was caught using his cell phone in class. The teacher saw him using it and took the phone. She looked at the phone […]
February 27, 2017
How’s a Magistrate to Know Whether a Confidential Informant Is Reliable?
Search warrant applications are often based on information from confidential informants. Whether the informant is reliable is critical. Information from a reliable informant is often sufficient to establish probable cause, […]
February 14, 2017
Fourth Circuit Sets Out Authority to Frisk When a State’s Law Permits Possession of Concealed Firearm
The Fourth Circuit Court of Appeals, on a rehearing of a case en banc, held in United States v. Robinson, 2017 WL 280727 (Jan. 23, 2017), that an officer had […]
January 31, 2017
Body-Camera Footage Leads to Plain Error Reversal in State v. Miller
My colleagues here have previously blogged about the impact of Rodriguez v. United States, 575 U.S. ___, 135 S. Ct. 1609 (2015), and my predecessor Alyson Grine created a handy […]
January 24, 2017
North Carolina Supreme Court Upholds a Magistrate’s Finding of Probable Cause to Issue Search Warrant to Search Home for Drugs
On December 21, 2016, the North Carolina Supreme Court in State v. Allman upheld a magistrate’s finding of probable cause to search a home for drugs, and it reversed a […]
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