Search and Seizure

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Warrantless Stops 101: Did a Seizure Occur?

Sorting out Fourth Amendment issues in the context of warrantless stops can be tricky. I like to break the case down into five basic questions:

  1. Did a seizure occur?
  2. If so and it was a stop, was it supported by reasonable suspicion or other valid basis?
  3. If reasonable suspicion supported the stop, was the officer’s subsequent conduct sufficiently limited in scope?
  4. If the seizure was an arrest, was it supported by probable cause?
  5. If the arrest was supported by probable cause, was the search permissible

This flowchart illustrates the analysis:

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New Cumulative Supplement to Arrest, Search, and Investigation in North Carolina and Recent Cases Since Its Publication

The 2014 Cumulative Supplement to Arrest, Search, and Investigation in North Carolina (4th ed. 2011) is now available. It is called a cumulative supplement because it includes the material in the 2013 supplement so you only need the book and the 2014 cumulative supplement to be current. You may order it online here or contact the School of Government Bookstore Manager at 919.966.4120. Continue reading for additional details.

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Is Apple Intentionally Crippling Law Enforcement Access to Digital Evidence?

Apple recently announced new iPhones and a new operating system for its mobile devices. Amidst the hubbub, Apple also revealed that the new operating system would render it impossible for Apple to give law enforcement officers access to locked iPhones, even with a search warrant. Many in law enforcement aren’t happy about this, with FBI Director James Comey stating that he can’t understand why companies would “market something expressly to allow people to place themselves beyond the law.” But is that what’s going on?

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The Old Portable Breath Test Ain’t What She Used to Be

Portable breath tests don’t go very far anymore in proving whether a suspect is impaired from alcohol.  That’s because the legislature amended G.S. 20-16.3(d) in 2006 to provide that the alcohol concentration results from such a test, termed an alcohol screening test by statute, are not admissible in court— not even for purposes of determining … Read more

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State v. Borders: Clever Police Work or Disturbing Trickery?

Detectives investigating the rape and murder of an elderly woman in Shelby didn’t give up when suspect Donald Borders first refused to provide a sample of his DNA.  They asked again.  And again.  And again.  When Borders refused to relent after four visits to his home, investigators tried a different tack. They searched the county’s … Read more

Can a Vehicle Search Incident to Arrest Include the Trunk?

In Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court ruled that a motor vehicle may be searched incident to the arrest of a recent occupant “only if [1] the arrestee is within reaching distance of the passenger compartment at the time of the search or [2] it is reasonable to believe the vehicle … Read more

State v. Jackson and Pedestrian Evasion

The court of appeals recently decided a case about when a pedestrian’s efforts to avoid an officer provide reasonable suspicion for an investigative stop. The type of encounter involved is reasonably common and the case features a dissent, so it’s worth exploring. The facts. The case is State v. Jackson, and it arose at 9:00 … Read more

Riley and Good Faith

The Supreme Court ruled in Riley v. California that cell phones can’t be searched incident to arrest. Jessie explained in yesterday’s post that Riley applies to cases that were pending when it was decided. Does that mean that the results of all the cell phone searches incident to arrest conducted before Riley was decided must … Read more

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Riley and Retroactivity

Last month the U.S. Supreme Court held that under the Fourth Amendment to the U.S. Constitution, officers can’t search a cell phone as a search incident to arrest. Riley v. California, __ U.S. __, 134 S.Ct. 2473 (2014). For background on those cases, see the blog post here. Since then I’ve had a bunch of … Read more

Wiretapping Data — And a Question

In connection with an ongoing research project, I recently reviewed the 2013 Wiretap Report, prepared by the Administrative Office of the United States Courts. It contains some information that may be of interest to readers, including: 3,576 wiretaps were authorized by federal or state courts in 2013, about twice the number authorized a decade earlier. … Read more