Going to the Back Door (October 22, 2012)
Jeff Welty
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 […]
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October 22, 2012
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 […]
READ POST "Going to the Back Door (October 22, 2012)"October 11, 2012
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 […]
READ POST "Multi-Unit Dwellings and Curtilage (October 11, 2012)"October 9, 2012
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 […]
READ POST "Dog Sniffs of People and the Fourth Amendment (October 9, 2012)"October 4, 2012
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 […]
READ POST "State v. Smith: Dog Alerts and Particularized Suspicion (October 4, 2012)"September 12, 2012
I’ve updated my paper on traffic stops, which a fair number of people have said they found useful. It covers reasonable suspicion, the scope of a stop, termination of a […]
READ POST "Updated Paper on Traffic Stops (September 12, 2012)"August 21, 2012
A good rule of thumb is that most interesting impaired driving appeals come from Pitt County. Whether that is related to ECU’s ranking as a top five “party school,” I […]
READ POST "Stopped for “Normal” Driving (August 21, 2012)"August 14, 2012
Can an officer’s visual estimate of a vehicle’s speed, uncorroborated by radar, pacing, or other techniques, support a speeding stop? The Fourth Circuit has been whipsawing back and forth on […]
READ POST "Back and Forth on Visual Estimates of Speed (August 14, 2012)"August 13, 2012
The most famous footnote in all the world is generally acknowledged to be footnote 4 in United States v. Carolene Products Company, 304 U.S. 144 (1938). That footnote introduced to […]
READ POST "Fascinating Footnote 3 (August 13, 2012)"August 9, 2012
May an officer prolong a routine traffic stop for four and a half minutes to allow a drug dog to sniff the exterior of the vehicle–even if the officer lacks […]
READ POST "State v. Sellars: De Minimis Delay for Dog Sniffs Permissible (August 9, 2012)"July 30, 2012
If you have an iPhone, an iPad, or an iPod touch, you can now download the School of Government’s first smartphone app, a guide to the law of search and […]
READ POST "Search and Seizure iPhone App (July 30, 2012)"