Probable Cause: The Same for All Crimes?

Suppose that a magistrate is asked to issue a search warrant for a particular residence. Based on the information presented to her by the applicant, the magistrate believes that there is approximately a 25% chance that a search of the residence will result in the discovery of evidence of the crime under investigation. When deciding … Read more

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Requests for Blood in Death by Vehicle Cases

G.S. 20-141.4 sets forth six offenses based upon the unlawful killing or injuring of another during the commission of a motor vehicle offense.  All but one of these death or injury by vehicle offenses are felonies and are predicated upon causing death or injury while driving while impaired in violation of G.S. 20-138.1 or 20-138.2. … Read more

Davis v. United States and the Future of the Exclusionary Rule

Virtually all courts interpreted Belton v. New York, 453 U.S. 454 (1981), to authorize a law enforcement officer to search the passenger compartment of a motor vehicle incident to the arrest of any recent occupant of the vehicle. Then the Supreme Court decided Arizona v. Gant, 556 U.S. __ (2009), discussed here, among other places. … Read more

J.D.B., the Supreme Court, and Miranda

As I noted last week, the Supreme Court of the United States just decided J.D.B. v. North Carolina, an important Miranda case. I blogged about the case here when it was decided by the state supreme court, and it’s worth taking another look at it now. I previously summarized the facts as follows: Chapel Hill … Read more

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What Not to Do in an Impaired Driving Case (Post I)

If I were to compile guidance for law enforcement officers and judges on “what not to do” in an impaired driving case, I’d be sure to include excerpts from two cases decided by the court of appeals this week:  State v. Petty and State v. Taylor. Let’s start with Taylor, reserving discussion of Petty for … Read more

Do Multi-Unit Dwellings Have Curtilage?

The curtilage of a home is the area “directly and intimately connected with the [home] and in proximity” to it. State v. Courtright, 60 N.C. App. 247 (1983). In other words, it is the area that “harbors the intimate activity associated with the sanctity of a man’s home and the privacies of life.” United States … Read more

Kentucky v. King and the Officer-Created Exigency Doctrine

Yesterday, the Supreme Court decided Kentucky v. King, a case that addresses — actually, eviscerates — the officer-created exigency doctrine. The facts are as follows: Officers investigating possible drug crimes smelled an odor of marijuana emanating from an apartment door. They banged loudly on the door and announced their presence. They heard people moving inside … Read more

Warrant Searches of Computers

Last week, I posted a paper about warrantless searches of computers and electronic devices. Today, I’m posting its companion: this paper about warrant searches of computers, which I have just finished updating today. Although the paper focuses on computers, the principles discussed in the paper apply equally to other electronic devices. It turns out that … Read more

Guests’ Expectation of Privacy in Garages and Outbuildings

I’ve had a couple of questions recently about something that I’d never considered before: whether a guest has “standing” to contest a search of the outbuildings associated with a host’s home. Most readers will know the legal backdrop. In order to argue that the results of an allegedly illegal police search should be suppressed, a … Read more