A UNC School of Government Blog
I’m just getting back to work after a leave of absence, and I’m still getting caught up on some major cases that were decided while I was out. One such case is Florence v. Board of Chosen Freeholders, __ U.S. __, 132 S. Ct. 1510 (2012), the jail strip search case recently decided by the … Read more
A recent en banc decision from the Supreme Court of Missouri adds to the growing divide among state appellate courts regarding whether the exigency created by the dissipation of blood-alcohol levels is sufficient, by itself, to render a nonconsensual, warrantless blood draw from a person arrested for impaired driving a reasonable search and seizure under … Read more
Yesterday, the United States Supreme Court decided United States v. Jones, the important GPS tracking case I previously blogged about here. (The case was captioned United States v. Maynard at that time.) In brief, Washington, DC officers suspected that the defendant was a drug dealer. They wanted to track his movements, so they obtained a … Read more
At the start of the fall semester, the Daily Tar Heel reported that Chapel Hill and Carrboro police officers have combined forces with UNC campus police in an effort to ramp up enforcement of laws prohibiting underage drinking. The article states that undercover operations are among the tactics employed by the town’s Alcohol Law Enforcement … Read more
I’ve recently been asked by several people whether it is lawful to require officers to issue a certain number of citations, or to make a certain number of arrests, per day or per month. Generally, I think it is lawful, subject to some important caveats. Let me start by noting that the use of quotas … Read more
Can a police officer order a suspect to empty his or her pockets during a Terry stop? The New York Times reports on claims that New York officers do so regularly: Critics say that as part of the Police Department’s stop-and-frisk policy, officers routinely tell suspects to empty their pockets and then, if marijuana is … Read more
I’ve written about traffic stops at some length, in this paper. One of the areas in which the law is unsettled is the extent to which officers may engage in investigative activity during the stop that is not related to the purpose of the stop, especially if such investigative conduct prolongs the stop. Here’s what … Read more
Suppose that a magistrate is asked to issue a search warrant for a particular residence. Based on the information presented to her by the applicant, the magistrate believes that there is approximately a 25% chance that a search of the residence will result in the discovery of evidence of the crime under investigation. When deciding … Read more
Yesterday, in United States v. Portillo-Munoz, the Fifth Circuit held that illegal immigrants do not have Second Amendment rights. The defendant in the case was charged with being an illegal alien in possession of a firearm, in violation of 18 U.S.C. § 922(g)(5). He argued that the statute was unconstitutional, but the court concluded that … Read more
The curtilage of a home is the area “directly and intimately connected with the [home] and in proximity” to it. State v. Courtright, 60 N.C. App. 247 (1983). In other words, it is the area that “harbors the intimate activity associated with the sanctity of a man’s home and the privacies of life.” United States … Read more