“Cigar Guts” (January 7, 2010)
Jeff Welty
Earlier this week, the court of appeals decided State v. Simmons, a search and seizure case that should interest officers, lawyers, and judges. The facts are simple: an officer stopped […]
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January 7, 2010
Earlier this week, the court of appeals decided State v. Simmons, a search and seizure case that should interest officers, lawyers, and judges. The facts are simple: an officer stopped […]
READ POST "“Cigar Guts” (January 7, 2010)"December 28, 2009
The North Carolina Supreme Court recently decided In re J.D.B., a close and interesting juvenile case. I mentioned it briefly here when it divided the court of appeals. It has […]
READ POST "Personal Characteristics and “Custody” for Miranda Purposes (December 28, 2009)"December 22, 2009
Note about holiday blogging schedule: Because I am certain that all of you are planning your holidays around this blog, I thought I’d mention that I’ll continue to post daily […]
READ POST "Terry Frisk During a Consensual Encounter? (December 22, 2009)"December 18, 2009
The Ohio Supreme Court recently ruled that cell phones generally cannot be searched without a warrant incident to arrest. That court’s decision is here. The law in North Carolina appears […]
READ POST "Searching Cell Phones for Evidence of Texting While Driving (December 18, 2009)"December 10, 2009
The court of appeals ruled this week in State v. Shockley that alcohol concentration readings from two of four attempted breath samples collected within 18 minutes of one another met […]
READ POST "Nothing Much Shocking about Shockley (December 10, 2009)"December 2, 2009
Update: Check out this post about a recent court of appeals case in this area. Original post: Most DWI cases involve breath tests for alcohol. But there are circumstances in […]
READ POST "Blood Draws in DWI Cases (December 2, 2009)"November 25, 2009
I have been asked several times about the validity of search warrants that authorize the police to search a particular place and “all persons on the premises.” It sounds as […]
READ POST "Search Warrants for “All Persons on the Premises” (November 25, 2009)"November 18, 2009
The court of appeals issued a batch of opinions yesterday. Among them is State v. Washburn, a drug dog case. An extremely compressed summary of Washburn is that an informant […]
READ POST "Drug Dogs (November 18, 2009)"November 12, 2009
As I mentioned last week, I have a new publication entitled Prosecution and Law Enforcement Access to Information about Electronic Communications. It’s meant to be useful on a range of […]
READ POST "Defense Access to Stored Electronic Communications (November 12, 2009)"November 6, 2009
As I’ve mentioned before, I’m especially interested in the law regarding electronic communications and electronic evidence. (For one thing, it allows me to look at web sites like Gizmodo and […]
READ POST "New Publication on Electronic Search and Seizure (November 6, 2009)"