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, […]
January 29, 2013
Data Privacy Day
Yesterday was Data Privacy Day, making this a good time to recap some recent developments in law enforcement access to email and other electronic communications. Data Privacy Day. You’re probably […]
January 24, 2013
No, Virginia, there is no implied consent
I’m eagerly awaiting the Supreme Court’s ruling in Missouri v. McNeely. I want to know whether the exigency created by the dissipation of alcohol in the body, without more, permits […]
October 22, 2012
Going to the Back Door
The court of appeals just decided a case that’s important for officers, as well as lawyers and judges, to know about. The case is State v. Pasour, and it began […]
October 11, 2012
Multi-Unit Dwellings and Curtilage
I blogged previously about whether the concept of curtilage applies to multi-unit dwellings like duplexes and apartment buildings. It’s an interesting question, and the cases summarized in the prior post […]
October 9, 2012
Dog Sniffs of People and the Fourth Amendment
Last week, I wrote about the North Carolina Court of Appeals’ holding in State v. Smith, ___ N.C. App. ___, 729 S.E.2d 120 (2012), that a drug dog’s positive alert […]
October 4, 2012
State v. Smith: Dog Alerts and Particularized Suspicion
Last August, the court of appeals in State v. Smith, ___ N.C. App. ___, 729 S.E.2d 120, temp. stay granted, __ N.C. __, 731 S.E.2d 179 (mem.) (2012), decided an […]
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