Important New Opinion on Cell Phone Tracking
On Tuesday, the Eleventh Circuit ruled, en banc, that law enforcement may obtain historical cell site location information without a search warrant, using a court order based on less than […]
April 29, 2015
Do Implied Consent Procedures Apply to the Withdrawal of Blood Pursuant to a Search Warrant?
In most DWI cases, the State obtains evidence of a defendant’s alcohol concentration from a breath-testing machine. In order for the results of such a breath test to be admissible […]
April 28, 2015
Book on Digital Evidence Now Available
I’m happy to announce that my book on digital evidence is now available. There are five chapters, covering (1) search warrants for digital devices, (2) warrantless searches of digital devices, (3) […]
April 22, 2015
Supreme Court Rejects “De Minimis” Extension of a Traffic Stop to Deploy a Drug Dog
Yesterday, the Supreme Court decided Rodriguez v. United States, an important traffic stop case that changes North Carolina law as it pertains to certain drug dog sniffs, and perhaps other […]
April 20, 2015
Hair Analysis Under a Microscope
Over the weekend, the Washington Post ran a story that begins as follows: The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic […]
April 7, 2015
State v. Fizovic and Searching Cars for Alcohol
Author’s Note: This post has been modified from its original version in response to a helpful comment by a reader. An officer sees a man drink from a can of […]
April 6, 2015
Law Enforcement Use of Drones
Drones are remote-controlled aircraft. They can be equipped with cameras, and may be useful for surveillance. Does the use of drones by law enforcement officers raise any legal concerns? The […]
April 1, 2015
Georgia Supreme Court Holds that Implied Consent Is Not Actual Consent
Prosecuting impaired drivers in Georgia just got a little bit harder. The Georgia Supreme Court held last week in Williams v. State, __ S.E.2d __ (Ga. 2015) that the mere […]
March 30, 2015
Drug Dogs and Checkpoints
I’ve had several questions about the role of drug dogs at motor vehicle checkpoints. The details are below, but a quick summary of the law is as follows: (1) Officers […]
March 11, 2015
Keeping It between the Lines
Officer Fife is driving one car length behind Briscoe Darling at noon on a sunny day when he sees the tires on the right side of Darling’s car touch the […]
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