State v. McDonald Provides Useful Primer on Checkpoints
The facts. A detective with the Charlotte-Mecklenburg Police Department writes a plan for a checkpoint to be conducted later in the evening. The plan states that the checkpoint will be […]
February 16, 2015
North Carolina Supreme Court Upholds Warrantless Seizure of Drugs on a Home’s Curtilage
The Fourth Amendment protects the home as well as its curtilage, which is defined as the area immediately surrounding the home and associated with it. Recently, the North Carolina Supreme […]
February 4, 2015
Beating the Rap . . . But Taking the Revocation
Myra Lynne Combs beat her DWI charges in court. The trial court held that the officer who stopped her didn’t have a lawful reason to do so. So the trial […]
January 29, 2015
State v. Williford: Gumshoes, Trash, Parking Lots and DNA
Kathy Taft was bludgeoned and raped on March 5, 2010, as she lay in the bedroom of a friends’ home in Raleigh recovering from surgery. She died four days later. […]
January 28, 2015
Updated Paper on Traffic Stops
I’ve recently updated my paper on traffic stops. As before, it covers stops from start to finish, including the legal standard for making a stop, the length of a stop, […]
November 6, 2014
Hospitalization of DWI Suspect Does Not Create Per Se Exigency Justifying Warrantless Blood Draw
The Chatham County sheriff’s deputy who arrested Ronald McCrary in Siler City for impaired driving at 7:34 p.m. on December 28, 2010 decided that if McCrary was taken to the […]
October 13, 2014
Warrantless Stops 101: Did a Seizure Occur?
Sorting out Fourth Amendment issues in the context of warrantless stops can be tricky. I like to break the case down into five basic questions.
September 4, 2014
State v. Borders: Clever Police Work or Disturbing Trickery?
Detectives investigating the rape and murder of an elderly woman in Shelby didn’t give up when suspect Donald Borders first refused to provide a sample of his DNA. They asked […]
August 28, 2014
Can a Vehicle Search Incident to Arrest Include the Trunk?
In Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court ruled that a motor vehicle may be searched incident to the arrest of a recent occupant “only if [1] […]
July 30, 2014
Riley and Good Faith
The Supreme Court ruled in Riley v. California that cell phones can’t be searched incident to arrest. Jessie explained in yesterday’s post that Riley applies to cases that were pending […]
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