Fourth Circuit Issues a Major Opinion on the Use of Tasers
On January 11, 2016, the Fourth Circuit decided Armstrong v. Village of Pinehurst, a major case concerning the use of tasers by law enforcement officers. The opinion is here. This […]
September 21, 2015
State v. Perry, Cell Site Location Information, and the Exclusionary Rule
Last week, the court of appeals decided State v. Perry. It’s the appellate division’s first foray into cell site location information and a case that raises questions about the status […]
September 15, 2015
Updated Traffic Stops Paper Now Available
I’ve updated my paper on traffic stops to include Rodriguez v. United States, __ U.S. __, 135 S. Ct. 1609 (2015), and other recent cases. It’s available here. For those not […]
September 1, 2015
Can a Magistrate Issue a Search Warrant for a Computer or a Cell Phone?
I’ve had the same question several times recently: can a magistrate issue a search warrant for a computer or a cell phone? The answer is yes. This post explains why […]
July 30, 2015
The Early Impact of Rodriguez v. United States
About three months ago, the United States Supreme Court decided Rodriguez v. United States, __ U.S. __, 135 S. Ct. 1609 (2015). I wrote about it here. In a nutshell, […]
June 25, 2015
State v. Elder: DVPO Cannot Authorize Search for Guns
A judge who issues an emergency or ex parte domestic violence protective order must order the defendant to surrender all firearms in his care, custody or control if the judge […]
June 4, 2015
The Private Search Doctrine in Child Pornography Cases
Many child pornography cases begin when someone with access to the defendant’s computer looks through it, finds child pornography, and contacts law enforcement. For example, the recent Raleigh case in […]
June 3, 2015
State v. Leak: Defendant Unlawfully Seized During License Check
The United States Supreme Court held in Rodriguez v. United States, ___ U.S. ___, 135 S. Ct. 1609 (2015) (discussed here), that a law enforcement officer may not extend a […]
May 7, 2015
Important New Opinion on Cell Phone Tracking
On Tuesday, the Eleventh Circuit ruled, en banc, that law enforcement may obtain historical cell site location information without a search warrant, using a court order based on less than […]
April 22, 2015
Supreme Court Rejects “De Minimis” Extension of a Traffic Stop to Deploy a Drug Dog
Yesterday, the Supreme Court decided Rodriguez v. United States, an important traffic stop case that changes North Carolina law as it pertains to certain drug dog sniffs, and perhaps other […]
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