Court of Appeals Holds Sight or Odor of Cannabis = Probable Cause
Author’s Note: The Court of Appeals withdrew the decision on which this post is based on August 30, 2024. The Court of Appeals recently settled an issue that has been […]
August 21, 2024
Author’s Note: The Court of Appeals withdrew the decision on which this post is based on August 30, 2024. The Court of Appeals recently settled an issue that has been […]
May 15, 2024
Jeff Welty and Phil Dixon
Earlier this year, the Fourth Circuit decided United States v. Zelaya-Veliz, 94 F.4th 321 (4th Cir. 2024). Phil summarized it here when it came out, but we thought it merited […]
April 25, 2024
Most readers of this blog are familiar with Arrest, Search, and Investigation in North Carolina. For those who are not, it is a treatise on search and seizure law. It […]
April 16, 2024
A common point of confusion among law enforcement and the public is about the use of unlabeled pill bottles. Is it legal to possess prescription medicine in a container other […]
April 8, 2024
It has been a while since my last post on cannabis and criminal law issues, and it is past time for an update. In addition to a number of state […]
March 19, 2024
This post is co-authored with SOG faculty member Kristina Wilson and is cross-posted to the Coates’ Canons blog. When and how can state and local government officials and employees record […]
January 31, 2024
Once upon a time, search warrants were simple. An officer would obtain a warrant to search a suspect’s home or some other physical location connected to a crime. The officer […]
November 16, 2023
Joanna Julius was riding as a passenger in her parents’ car in McDowell County when the person driving the car crashed it into a ditch filled with water. The driver […]
October 31, 2023
Inquisitive police officers regularly ask suspects questions like “Can I take a look at your phone?” or “Can I see your phone?” These on-the-street requests may give rise to legal […]
October 23, 2023
Normally, the Fourth Amendment requires that police obtain a search warrant before officers may search a person’s phone or computer. But the person can waive his or her Fourth Amendment […]