Articles in the Search and Seizure category - Page 37 of 44

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 […]

A few weeks ago, I blogged about the offense of operating while impaired.  One of the issues I raised in the post was whether telling a defendant that his or […]

I’ve had several questions lately about the authority of law enforcement to track a suspect by obtaining information about contacts between the suspect’s cellular telephone and cellular towers. I’m also […]

As most readers of this blog are aware, S.L. 2010-94 creates a new statute, G.S. 15A-266.3A, which provides for the collection of a DNA sample from anyone arrested for a […]

A couple of recent cases got me thinking about the authority of the police to enter a home without a warrant when there is an emergency. First, the legal background. […]