License Plate Readers
Law enforcement use of automated license plate readers has become very widespread. It raises several interesting legal and practical issues which I briefly explore below. What are they? License plate […]
July 9, 2013
Searching a Person Based on the Smell of Marijuana
The question. Many cases hold that the smell of marijuana provides probable cause to search a vehicle. See, e.g., State v. Greenwood, 301 N.C. 705, 708 (1981); State v. Smith, […]
June 24, 2013
Obtaining a Search Warrant after Charges Have Been Brought
Most search warrants are obtained before anyone has been charged with a crime. But sometimes officers will charge a defendant and then decide to obtain a search warrant to seek […]
June 19, 2013
Non-Officers Applying for Search Warrants
I’ve been asked several times recently whether people who are not sworn law-enforcement officers may apply for search warrants. Somewhat to my surprise, the answer is yes. Statutory analysis. For […]
June 4, 2013
Supreme Court Upholds Taking DNA Upon Arrest
Yesterday the Supreme Court decided a case that one Justice called “perhaps the most important criminal procedure case that this Court has heard in decades.” A bare majority of the […]
May 29, 2013
Police Use of New Recording Technologies
There’s been quite a buzz lately about Google Glass, a “wearable computer” that looks like a pair of eyeglasses but that uses the lenses as transparent screens to display information […]
April 24, 2013
Smartphone Search and Seizure App Update
Last year, I announced the debut of “the School of Government’s first smartphone app, a guide to the law of search and seizure called ASSET.” Over 4,000 people installed the […]
March 26, 2013
Florida v. Jardines: Bringing a Drug Dog to the Front Porch Is a Search
Today, most Supreme Court watchers are focused on the oral argument in the same-sex marriage cases. But the Court also released an important opinion in Florida v. Jardines, ruling that […]
February 26, 2013
U.S Supreme Court Declines to Extend Officer’s Detention Authority Incident to Execution of Search Warrant Beyond Immediate Vicinity of Premises
In Michigan v. Summers, 452 U.S. 692 (1981), the U.S. Supreme Court upheld an officer’s authority under the Fourth Amendment to detain—without reasonable suspicion or probable cause—people at a residence […]
February 20, 2013
Supreme Court: Alert by a Trained or Certified Drug Dog Normally Provides Probable Cause
Yesterday, the Supreme Court decided Florida v. Harris, holding that when a trained and certified drug dog alerts on a vehicle, that normally provides probable cause to search the car, […]
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