Supreme Court Hears Cell Phone Search Incident to Arrest Cases

Yesterday, the Supreme Court heard two cases regarding whether law enforcement officers may search a suspect’s cell phone incident to arrest. Generally, the answer to that question in North Carolina has been yes, as I discussed here. But it sounds like a new rule may be coming soon. The cases. In United States v. Wurie, … Read more

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Traffic Violations You May Not Even Know You Are Committing

Law enforcement officers may stop a vehicle when they have reasonable suspicion to believe that the driver has violated a traffic law. See State v. Styles, 362 N.C. 412, 415, 665 S.E.2d 438, 440 (2008). This rule applies regardless of whether the offense is a felony, misdemeanor or infraction, and regardless of whether the officer … Read more

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Maybe Implied Consent is Real After All

Courts across the country continue to wrestle with whether and how the Supreme Court’s opinion in Missouri v. McNeely, 569 U.S. ___, 133 S. Ct.  1552 (2013), affects the lawfulness of testing carried out pursuant to a state’s implied consent laws.  McNeely held, in the context of a blood draw performed over a defendant’s objection, … Read more

Supreme Court Rules that Anonymous Tip Provides Reasonable Suspicion of Impaired Driving

The Supreme Court just decided a case that significantly changes North Carolina law regarding whether a traffic stop can be made based on an anonymous 911 call alleging bad driving. The case is Navarette v. California, 572 U.S. __ (2014). The full opinion is here. This post summarizes the ruling and considers its implications for … Read more

Three-Time Felon Charged with Gun Possession Loses Second Amendment Argument

This week, the court of appeals decided State v. Price, an interesting gun rights and Fourth Amendment case. Facts. The defendant was standing in a forest, near a deer stand, holding a rifle, in full camouflage, when a wildlife officer approached him. The officer asked the defendant for his hunting license, under the license check … Read more

The Community Caretaking Exception to the Warrant Requirement

The court of appeals recently expanded the community caretaking exception to the warrant requirement, entering a national controversy over the proper scope of the doctrine. This post explains the exception and the disagreement about its proper application. Background: United States Supreme Court. The doctrine was first recognized by the United States Supreme Court in Cady … Read more

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Citizen’s Arrest!

You don’t have to attend basic law enforcement training to identify a potential impaired driver.  Plenty of folks without police training could roll off a list of tell-tale signs, including excessive weaving, driving without headlights, and driving with the windows down in cold weather, particular when those signs are observed in the evening hours in … Read more

United States Supreme Court Clarifies When Consent to Search by One Residential Occupant Is Valid When a Co-Occupant Has Previously Objected

Last week the United States Supreme Court in Fernandez v. California (February 25, 2014) clarified an issue left open in its ruling in Georgia v. Randolph, 547 U.S. 103 (2006): the validity of a consent search by a residential occupant after a co-occupant has previously objected to a search but is no longer physically present … Read more

Search Warrants for Meth Labs

I’ve had several questions lately concerning search warrants for meth labs. The basic issue is whether officers who find hazardous chemicals and other dangerous items may destroy them right away, before the defendant has a chance to examine and test them. Related questions include whether a judge has the power to authorize such destruction when … Read more