When May Officers Use Deadly Force?
Recent well-publicized incidents have led to questions about when a law enforcement officer may use deadly force to seize a fleeing suspect. The short answer is that the Constitution permits […]
April 5, 2021
Supreme Court to Decide Whether Hot Pursuit Applies to Misdemeanors
In 2016, the North Carolina Court of Appeals held in State v. Adams, 250 N.C. App. 664 (2016), that law enforcement officers acted lawfully when, lacking a warrant, they chased […]
March 29, 2021
Case Summaries – U.S. Supreme Court (March 25, 2021)
This post summarizes a decision released by the United States Supreme Court on March 25, 2021.
September 29, 2020
Conducting Surveillance and Collecting Location Data in a Post-Carpenter World, Part I
Two years have passed since the Supreme Court held in Carpenter v. United States, 585 U.S. ___, 138 S.Ct. 2206 (2018), that the government carried out a Fourth Amendment search […]
March 10, 2020
Proms and PBTs
Spring is only a few weeks away. Soon preparation will begin for the rites of the season, among them pruning, planting, and, of course, prom. A few weeks ago, I […]
October 21, 2019
Is the Exigent Circumstances Doctrine an Exception to the Warrant Requirement, or Something More?
I have long thought of the exigent circumstances doctrine as an exception to the warrant requirement – it allows a search to be conducted when probable cause is present but […]
August 29, 2019
NC Supreme Court Weighs in on State v. Terrell and Private Search Doctrine
The North Carolina Supreme Court held in State v. Terrell, __ N.C. __ (Aug. 16, 2019), that a private party’s limited search of a defendant’s thumb drive did not frustrate […]
July 30, 2019
Geofencing Warrants
WRAL has several stories up about geofencing warrants. One major article is here. It describes a search warrant obtained by the Raleigh Police Department in a murder case. The warrant […]
June 24, 2019
May Search Warrants for Cell Phones Include Connected Cloud Services?
While preparing to teach a recent class about search warrants for digital devices, I spoke with a number of experts in digital forensics. Each conversation was very helpful. Almost all […]
May 13, 2019
Warrantless Use of Drones
WRAL recently reported that “the Johnston County Sheriff’s Office . . . flew a drone over [private] property . . . to locate [stolen construction] equipment.” According to the story, […]
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