Search Incident to the Arrest of an Occupant of a Vehicle: Review and Update (Part I)
This blog post is divided in two parts. This is Part I. Part II will be posted tomorrow. The United States Supreme Court in 2009 issued a ruling in Arizona […]
August 5, 2013
This blog post is divided in two parts. This is Part I. Part II will be posted tomorrow. The United States Supreme Court in 2009 issued a ruling in Arizona […]
August 1, 2013
I wrote here about how law enforcement officers may obtain historical information about the location of a suspect’s cellular phone. There have been several developments in the law since then, […]
July 18, 2013
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
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
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
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
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
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
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
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 […]