Re-examining Implied Consent After McNeely, Part I
Shea Denning
The United States Supreme Court held last term in Missouri v. McNeeIy, 133 S. Ct. 1552 (2013), that the natural dissipation of alcohol in a person’s bloodstream does not constitute […]
November 5, 2013
The United States Supreme Court held last term in Missouri v. McNeeIy, 133 S. Ct. 1552 (2013), that the natural dissipation of alcohol in a person’s bloodstream does not constitute […]
Read post "Re-examining Implied Consent After McNeely, Part I"October 23, 2013
That’s what I said to my husband during the breakfast hour this morning, while I was working as a short-order cook and waitress for three rather demanding customers (our children). […]
Read post "Can I Get Some Relief Here?"October 7, 2013
Each year on the first Monday in October, the Supreme Court begins a new term. Today’s the first Monday in October 2013, so in this post, I’ll summarize several of […]
Read post "October Term 2013 Begins: Supreme Court Preview"September 23, 2013
In a post last week, I mentioned that it looks increasingly likely that Supreme Court will grant certiorari in a case considering cell phone searches. In this post, I’ll support […]
Read post "Cell Phone Searches Headed to the Supreme Court?"September 17, 2013
The Ninth Circuit recently decided a case that addresses a question I’ve been asked several times: may the police answer a seized cell phone? The answer may depend on the […]
Read post "Can the Police Answer a Seized Cell Phone?"September 16, 2013
Is it reasonable to believe that the car an impaired driver is operating contains evidence of the DWI? That’s the question law enforcement officers must answer in a post-Gant world […]
Read post "Searching Cars for Evidence of DWI"September 9, 2013
When the police seize a gun in the course of an investigation, what becomes of it after any resulting court case concludes? A recent legislative enactment has changed the most […]
Read post "New Law Regarding Disposal of Seized Guns"September 5, 2013
This blog post is divided in two parts. This is Part II. Part I was posted yesterday. That post offered a general introduction, defined a strip search, and discussed the […]
Read post "Strip Searches by Law Enforcement Officers (Part II)"September 4, 2013
This blog post is divided in two parts. This is Part I. Part II will be posted tomorrow. Introduction. These posts will discuss strip searches by law enforcement officers that […]
Read post "Strip Searches by Law Enforcement Officers (Part I)"August 22, 2013
The line between a consensual encounter and a seizure can be blurry. Generally, there is no seizure when an officer simply approaches a person and asks the person a question. […]
Read post "Seizure by Blocking One’s Path"