February 1, 2011
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 […]
January 27, 2011
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 […]
January 3, 2011
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 […]
December 20, 2010
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 […]
December 16, 2010
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 […]
December 13, 2010
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 […]
December 7, 2010
Today, the court of appeals decided State v. Baker. Baker explains when a trial judge is required to make findings of fact when hearing a motion to suppress, and it […]
November 16, 2010
Stan Speedy is charged with impaired driving. He has filed a motion to suppress evidence of blood test results based on a violation of his Fourth Amendment and his statutory […]
November 10, 2010
To be valid, consent to search must be voluntary. Is consent voluntary when given after an officer thrreatens to obtain a search warrant if consent is withheld? Generally, yes. See […]
November 4, 2010
Dan Defendant is charged with and arrested for driving while impaired. He is taken to a law enforcement center for administration of a chemical analysis. At 2:00 a.m., the chemical […]