Updated Traffic Stops Paper Now Available
Jeff Welty
I realize that the last update was only a few months ago, but I have updated my traffic stops paper again. It now includes a discussion of the United States Supreme […]
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May 22, 2014
I realize that the last update was only a few months ago, but I have updated my traffic stops paper again. It now includes a discussion of the United States Supreme […]
READ POST "Updated Traffic Stops Paper Now Available"April 30, 2014
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 […]
READ POST "Supreme Court Hears Cell Phone Search Incident to Arrest Cases"April 29, 2014
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, […]
READ POST "Traffic Violations You May Not Even Know You Are Committing"April 24, 2014
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 […]
READ POST "Maybe Implied Consent is Real After All"April 23, 2014
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. […]
READ POST "Supreme Court Rules that Anonymous Tip Provides Reasonable Suspicion of Impaired Driving"April 3, 2014
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, […]
READ POST "Three-Time Felon Charged with Gun Possession Loses Second Amendment Argument"March 11, 2014
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 […]
READ POST "The Community Caretaking Exception to the Warrant Requirement"March 6, 2014
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 […]
READ POST "Citizen’s Arrest!"March 3, 2014
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): […]
READ POST "United States Supreme Court Clarifies When Consent to Search by One Residential Occupant Is Valid When a Co-Occupant Has Previously Objected"February 6, 2014
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, […]
READ POST "Search Warrants for Meth Labs"