Empty Your Pockets
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 […]
August 30, 2011
Fourth Circuit Adds to the Controversy over Traffic Stops
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 […]
June 28, 2011
Probable Cause: The Same for All Crimes?
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 […]
June 14, 2011
Illegal Immigrants and the Fourth Amendment
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 […]
May 18, 2011
Do Multi-Unit Dwellings Have Curtilage?
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 […]
May 17, 2011
Kentucky v. King and the Officer-Created Exigency Doctrine
Yesterday, the Supreme Court decided Kentucky v. King, a case that addresses — actually, eviscerates — the officer-created exigency doctrine. The facts are as follows: Officers investigating possible drug crimes […]
May 11, 2011
Warrant Searches of Computers
Last week, I posted a paper about warrantless searches of computers and electronic devices. Today, I’m posting its companion: this paper about warrant searches of computers, which I have just […]
May 9, 2011
Guests’ Expectation of Privacy in Garages and Outbuildings
I’ve had a couple of questions recently about something that I’d never considered before: whether a guest has “standing” to contest a search of the outbuildings associated with a host’s […]
May 3, 2011
Warrantless Searches of Computers and Other Electronic Devices
I keep a list of cases from across the country on warrantless searches of computers and other electronic devices. It covers topics like searches of cellular phones incident to arrest, […]
January 3, 2011
Traffic Stops from Soup to Nuts
Happy new year! It’s great to be back at work after a relaxing vacation. I’ve written before about traffic stops. Recently, I returned to the subject and completed a pretty […]
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