Articles in the Search and Seizure category - Page 35 of 45

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]