Articles on Search and Seizure - Page 29 of 44

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 […]

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). […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. […]