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 […]
September 4, 2014
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 […]
August 28, 2014
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] […]
August 4, 2014
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 […]
July 30, 2014
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 […]
July 29, 2014
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. […]
July 23, 2014
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 […]
July 21, 2014
State v. Granger Adds to State’s Missouri v. McNeely Jurisprudence
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 […]
July 2, 2014
Court of Appeals Strictly Limits Scope of Traffic Stops
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 […]
June 26, 2014
Supreme Court: Can’t Search Cell Phones Incident to Arrest
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 […]
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