Articles in the Search and Seizure category - Page 27 of 45

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 […]

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 […]

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 […]

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, […]

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 […]

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. […]

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, […]

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 […]

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 […]