The Theory of Implied Consent (October 7, 2010)
Shea Denning
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 […]
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October 7, 2010
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 […]
READ POST "The Theory of Implied Consent (October 7, 2010)"September 30, 2010
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 […]
READ POST "Cell Phone Tracking (September 30, 2010)"September 29, 2010
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 […]
READ POST "Ninth Circuit DNA Collection Case (September 29, 2010)"September 15, 2010
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. […]
READ POST "The Emergency Doctrine (September 15, 2010)"September 14, 2010
Last year, I published a paper about law enforcement access to phone records and other information about electronic communications. In the paper, I explained that “[a]mong North Carolina judges, only […]
READ POST "Can a District Court Judge Sign an Order for Phone Records? (September 14, 2010)"September 8, 2010
Labor Day marks the unofficial end of summer around these parts, and I thought I’d mark the occasion with a post related to boating (a favorite summer pastime) and crime […]
READ POST "Boating While Impaired (September 8, 2010)"September 7, 2010
I’ve just finished a paper about motor vehicle checkpoints. It’s available here as a free download. It’s meant as a resource for judges, lawyers, and law enforcement officers, and it […]
READ POST "Motor Vehicle Checkpoints (September 7, 2010)"September 2, 2010
In Arizona v. Gant, __ U.S. __, 129 S. Ct. 1710 (2009), the Supreme Court held that an officer may search an arrestee’s vehicle incident to arrest only if the […]
READ POST "Is Arizona v. Gant Limited to Automobiles? (September 2, 2010)"August 31, 2010
About two years ago, I wrote a paper on GPS tracking. It’s available here. There have been a couple of major decisions in the area recently, so this post is […]
READ POST "Update on GPS Tracking (August 31, 2010)"August 25, 2010
Last week, the court of appeals decided State v. Yencer, ruling, in effect, that Davidson College may not operate its own police department. The ruling calls into serious question the […]
READ POST "The Authority of Campus Police (August 25, 2010)"