Riley and Retroactivity
Last month the U.S. Supreme Court held that under the Fourth Amendment to the U.S. Constitution, officers can’t search a cell phone as a search incident to arrest. Riley v. […]
July 2, 2014
Court of Appeals Strictly Limits Scope of Traffic Stops
Yesterday, the court of appeals decided a very important traffic stop case. Its ruling strictly limits officers to pursuing the original justification for a traffic stop, and prohibits officers from […]
June 26, 2014
Supreme Court: Can’t Search Cell Phones Incident to Arrest
Yesterday, the Supreme Court issued a long-awaited opinion concerning searching cell phones incident to arrest. The Court ruled that the search incident to arrest exception to the warrant requirement doesn’t […]
May 22, 2014
Updated Traffic Stops Paper Now Available
I realize that the last update was only a few months ago, but I have updated my traffic stops paper again. It now includes a discussion of the United States Supreme […]
April 30, 2014
Supreme Court Hears Cell Phone Search Incident to Arrest Cases
Yesterday, the Supreme Court heard two cases regarding whether law enforcement officers may search a suspect’s cell phone incident to arrest. Generally, the answer to that question in North Carolina […]
April 24, 2014
Maybe Implied Consent is Real After All
Courts across the country continue to wrestle with whether and how the Supreme Court’s opinion in Missouri v. McNeely, 569 U.S. ___, 133 S. Ct. 1552 (2013), affects the lawfulness […]
April 23, 2014
Supreme Court Rules that Anonymous Tip Provides Reasonable Suspicion of Impaired Driving
The Supreme Court just decided a case that significantly changes North Carolina law regarding whether a traffic stop can be made based on an anonymous 911 call alleging bad driving. […]
April 3, 2014
Three-Time Felon Charged with Gun Possession Loses Second Amendment Argument
This week, the court of appeals decided State v. Price, an interesting gun rights and Fourth Amendment case. Facts. The defendant was standing in a forest, near a deer stand, […]
March 11, 2014
The Community Caretaking Exception to the Warrant Requirement
The court of appeals recently expanded the community caretaking exception to the warrant requirement, entering a national controversy over the proper scope of the doctrine. This post explains the exception […]
March 3, 2014
United States Supreme Court Clarifies When Consent to Search by One Residential Occupant Is Valid When a Co-Occupant Has Previously Objected
Last week the United States Supreme Court in Fernandez v. California (February 25, 2014) clarified an issue left open in its ruling in Georgia v. Randolph, 547 U.S. 103 (2006): […]
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