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 […]
June 14, 2011
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
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
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
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
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
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
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 […]
December 16, 2010
I’ve written about law enforcement access to electronic communications, both on this blog and, more extensively, in this Administration of Justice Bulletin. One major issue is how and when law […]
September 29, 2010
As most readers of this blog are aware, S.L. 2010-94 creates a new statute, G.S. 15A-266.3A, which provides for the collection of a DNA sample from anyone arrested for a […]
September 2, 2010
In Arizona v. Gant, __ U.S. __, 129 S. Ct. 1710 (2009), the Supreme Court held that an officer may search an arrestee’s vehicle incident to arrest only if the […]