Empty Your Pockets
Can a police officer order a suspect to empty his or her pockets during a Terry stop? The New York Times reports on claims that New York officers do so […]
September 13, 2011
Out-of-State Requests for in-State Medical Records
From time to time, an officer from another state wants to get medical records from a North Carolina hospital. For example, a South Carolina officer may want the medical records […]
August 30, 2011
Fourth Circuit Adds to the Controversy over Traffic Stops
I’ve written about traffic stops at some length, in this paper. One of the areas in which the law is unsettled is the extent to which officers may engage in […]
June 28, 2011
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 […]
June 22, 2011
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 […]
June 21, 2011
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 […]
June 20, 2011
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 […]
June 9, 2011
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 […]
June 1, 2011
Ruse Checkpoints
I wrote a paper about motor vehicle checkpoints last year. It’s available here. Once in a while, I get asked about so-called ruse checkpoints, a subject that I didn’t address […]
May 18, 2011
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 […]
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