Articles in the Search and Seizure category - Page 36 of 44

Or, Seeking Dismissal Based on the State’s Destruction of Evidence Unpublished court of appeals opinions occasionally assume the cache of bootleg recordings of live performances of the Grateful Dead. If […]

The Fourth Circuit recently decided a very interesting case with a lot of North Carolina connections. The case is United States v. Foster, and it’s available here. The facts were […]

Normally, field sobriety tests are administered before an arrest is made, as part of an officer’s investigation into a possible DWI. In that case, it’s clear that the officer need […]

Part I of this post left for another day consideration of whether a defendant who does not speak English may be deemed to have willfully refused a chemical analysis when […]

Several earlier posts a (here, here, and here) address the requirement that a person arrested for an implied consent offense be informed of statutory implied consent rights before being asked […]

I won’t have time today for a regular blog post, so I’ll just make brief mention of something I’ve been meaning to blog about for a week or two, ever […]

Happy new year! It’s great to be back at work after a relaxing vacation. I’ve written before about traffic stops. Recently, I returned to the subject and completed a pretty […]

State court decisions from other southeastern states seem to carry a bit more weight as persuasive authority than do cases from jurisdictions that are farther afield. Therefore, I thought I’d […]

I’ve written about law enforcement access to electronic communications, both on this blog and, more extensively, in this Administration of Justice Bulletin. One major issue is how and when law […]

An involuntary confession can’t be used against a defendant at trial, not even to impeach him if he testifies. See, e.g., Mincey v. Arizona, 437 U.S. 385 (1978). Whether a […]