Riley and Retroactivity (July 29, 2014)
Jessica Smith
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. […]
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July 29, 2014
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. […]
READ POST "Riley and Retroactivity (July 29, 2014)"July 23, 2014
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 […]
READ POST "Wiretapping Data — And a Question (July 23, 2014)"July 21, 2014
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 […]
READ POST "State v. Granger Adds to State’s Missouri v. McNeely Jurisprudence (July 21, 2014)"July 2, 2014
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 […]
READ POST "Court of Appeals Strictly Limits Scope of Traffic Stops (July 2, 2014)"June 26, 2014
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 […]
READ POST "Supreme Court: Can’t Search Cell Phones Incident to Arrest (June 26, 2014)"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 (May 22, 2014)"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 30, 2014)"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 29, 2014)"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 24, 2014)"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 23, 2014)"