Is Arizona v. Gant Limited to Automobiles? (September 2, 2010)
Jeff Welty
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 […]
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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)"July 14, 2010
I used to answer this question “no.” But even though the United States Supreme Court recently said exactly that, see Maryland v. Shatzer, __ U.S. __, 130 S. Ct. 1213 […]
READ POST "Are Terry Stops “Custodial” for Miranda Purposes? (July 14, 2010)"July 6, 2010
I’m on vacation this week, so my blogging will be a little lighter fare than usual. Today, I thought I’d call attention to this article in the FBI Law Enforcement […]
READ POST "Criminal Law Blog — Vacation Edition (July 6, 2010)"June 29, 2010
The Fourth Circuit decided an interesting case yesterday. The case is United States v. Young, and the interesting part isn’t just the defendant’s nickname, “DJ Nelly Nell.” The relevant facts […]
READ POST "Knock and Announce (June 29, 2010)"June 22, 2010
It was Father’s Day this Sunday, so it’s a good time for a post about family relationships. As a jumping off point, I’ll use a case that was recently highlighted […]
READ POST "Parents’ Consent to Search Childrens’ Rooms (June 22, 2010)"June 8, 2010
Last week, I posted about the second look doctrine. (You can read that post here.) Recall that the basic idea is that if the police have custody of an object […]
READ POST "The Second Look Doctrine, Part II (June 8, 2010)"June 3, 2010
On June 1, 2010, the N.C. Court of Appeals applied Arizona v. Gant in State v. Johnson and held that the defendant’s Fourth Amendment rights were violated when the police […]
READ POST "State v. Johnson and the Retroactivity of Gant (June 3, 2010)"June 2, 2010
Yesterday, the United States Supreme Court decided Berghuis v. Thompkins, an important Miranda case. (There are other issues in the case, too, but this post will focus on the Miranda […]
READ POST "Berghuis v. Thompkins (June 2, 2010)"