Gant, “Retroactivity,” and Retroactivity (April 24, 2009)
Jeff Welty
The fallout from the Supreme Court’s recent decision in Arizona v. Gant, see my initial post here, has been fast and furious. Most questions I’ve received have been about how […]
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April 24, 2009
The fallout from the Supreme Court’s recent decision in Arizona v. Gant, see my initial post here, has been fast and furious. Most questions I’ve received have been about how […]
READ POST "Gant, “Retroactivity,” and Retroactivity (April 24, 2009)"April 22, 2009
The Supreme Court decided Arizona v. Gant yesterday. The opinion is available here, and a news article about the case is here. It’s a pretty significant Fourth Amendment case, so […]
READ POST "Arizona v. Gant and Searches Incident to Arrest (April 22, 2009)"April 21, 2009
An interesting article appeared yesterday in the New York Times. You can read it here, but the gist of it is that the federal government and about 15 states are […]
READ POST "DNA Collection (April 21, 2009)"April 15, 2009
The Court of Appeals decided two Miranda cases last week: In re J.D.B, available here, and State v. Rooks, available here. The former is a very close juvenile case that […]
READ POST "Confessions and Custody (April 15, 2009)"April 14, 2009
Several recent inquiries have been variants of the following question: can an officer administer field sobriety tests during a routine traffic stop? In other words, if an officer has reasonable […]
READ POST "Field Sobriety Tests During Traffic Stops (April 14, 2009)"April 6, 2009
In 2007, the General Assembly enacted the Eyewitness Identification Reform Act, G.S. 15A-284.50 et seq. The heart of the Act is G.S. 15A-284.52, which lays out rules for conducting lineups, […]
READ POST "Lineups, Showups, Undercover Buys, and G.S. 15A-284.52 (April 6, 2009)"March 18, 2009
The Court of Appeals released a number of opinions yesterday. Bob Farb will undoubtedly release his inimitable summaries shortly — to sign up to receive the summaries by email, go […]
READ POST "News Roundup (March 18, 2009)"March 16, 2009
The Sixth Circuit, sitting en banc, recently decided a very interesting Miranda case. Garner v. Mitchell, available here, is a capital case. The defendant stole a woman’s purse, took a […]
READ POST "Knowing and Voluntary Miranda Waivers (March 16, 2009)"March 11, 2009
According to a News and Observer story available here, MySpace has provided the Attorney General’s office with a list of 2,116 registered North Carolina sex offenders who were on MySpace. […]
READ POST "Sex Offenders on MySpace (March 11, 2009)"February 16, 2009
A couple of sessions ago, the General Assembly enacted G.S. 15A-211, which requires that custodial interrogations in homicide cases be recorded. The idea is to “eliminate disputes about interrogations,” id., […]
READ POST "Recording Interrogations (February 16, 2009)"