Articles in the Search and Seizure category - Page 26 of 44

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 […]

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 […]

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 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 […]

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 […]

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. […]

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 […]

State v. Granger, decided last week, is the latest case in which the North Carolina Court of Appeals has considered, in light of Missouri v. McNeely, __ U.S. __, 133 […]

Yesterday, the court of appeals decided a very important traffic stop case. Its ruling strictly limits officers to pursuing the original justification for a traffic stop, and prohibits officers from […]

Yesterday, the Supreme Court issued a long-awaited opinion concerning searching cell phones incident to arrest. The Court ruled that the search incident to arrest exception to the warrant requirement doesn’t […]