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 […]
January 23, 2017
Update on Fingerprints, Phones, and the Fifth Amendment
Can a court order a suspect to use the suspect’s fingerprint to unlock his or her smartphone? Or would that violate the suspect’s Fifth Amendment privilege against self-incrimination? I wrote […]
January 10, 2017
North Carolina Supreme Court Upholds Search of Vehicle Located on Premises as Within Scope of Search Warrant
The North Carolina Supreme Court in State v. Lowe (December 21, 2016) ruled that a search warrant validly authorized a search of a vehicle parked on the driveway of the […]
December 14, 2016
State v. Wilson: Was the Defendant Seized When He Stopped Upon the Officer’s Signal?
Joshua Wilson had just pulled his truck out of the driveway of a residence in Burlington when he saw a police car parked in the road in front of him. […]
December 13, 2016
New 2016 Edition of Arrest, Search, and Investigation Is Now Available
The new edition of Arrest, Search, and Investigation in North Carolina, Fifth Edition, 2016 is now available. Continue reading for additional information.
December 12, 2016
Persistent Aerial Surveillance and the Fourth Amendment
The police can fly a plane over your house and look down to see whether you are growing marijuana in your backyard. California v. Ciraolo, 476 U.S. 207 (1986). But […]
November 22, 2016
Recent North Carolina Case on Lack of Reasonable Suspicion to Make Vehicle Stop
Although reasonable suspicion requires less evidence than probable cause and often is not a difficult standard for an officer to satisfy to make an investigative stop, the standard requires an […]
November 8, 2016
Establishing Probable Cause in a Search Warrant to Link the Residence to Be Searched With the Evidence to Be Seized
Last week, Jeff Welty wrote a post concerning the failure to allege in a search application that the premises to be searched is the suspect’s home, and it included a […]
October 31, 2016
Failure to Allege, in an Application for a Search Warrant, that the Premises to Be Searched Is the Suspect’s Home
Sometimes officers have probable cause to believe that a person committed a crime, have probable cause that evidence of the crime will be found in the person’s residence, and seek […]
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