Articles in the Search and Seizure category - Page 37 of 45

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 […]

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 […]

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 […]

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 […]

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 […]

I blogged here about In re J.D.B., a juvenile case in which the North Carolina Supreme Court held that a 13-year-old, questioned in an unlocked school conference room by police […]

When I first came to the School of Government, I picked a few small areas of law in which I hoped to develop some expertise. One of those areas was […]