Riley and Good Faith
Jeff Welty
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 […]
July 30, 2014
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 […]
Read post "Riley and Good Faith"July 29, 2014
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. […]
Read post "Riley and Retroactivity"July 2, 2014
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 […]
Read post "Court of Appeals Strictly Limits Scope of Traffic Stops"June 26, 2014
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 […]
Read post "Supreme Court: Can’t Search Cell Phones Incident to Arrest"May 22, 2014
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 […]
Read post "Updated Traffic Stops Paper Now Available"April 30, 2014
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 […]
Read post "Supreme Court Hears Cell Phone Search Incident to Arrest Cases"April 24, 2014
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 […]
Read post "Maybe Implied Consent is Real After All"April 23, 2014
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. […]
Read post "Supreme Court Rules that Anonymous Tip Provides Reasonable Suspicion of Impaired Driving"April 3, 2014
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, […]
Read post "Three-Time Felon Charged with Gun Possession Loses Second Amendment Argument"March 11, 2014
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 […]
Read post "The Community Caretaking Exception to the Warrant Requirement"