Update on Community Caretaking
The court of appeals just decided another case on the community caretaking doctrine. It’s the fourth published community caretaking case in the last five years, and there have been a […]
May 1, 2019
Sixth Circuit Holds that Chalking Vehicle Tires is a Fourth Amendment Search
The Court of Appeals for the Sixth Circuit ruled last week that city parking enforcement officers’ use of chalk to mark the tires of parked vehicles to track how long […]
April 15, 2019
Extending Traffic Stops to Wait for Other Officers
May an officer prolong a traffic stop to wait for a second officer to come to the scene? An officer may want another officer present to provide backup, or may […]
February 11, 2019
New Bill Proposes GPS Tracking of Domestic Violence Offenders
A bill has been introduced in the legislature that would allow for GPS tracking of domestic violence offenders. Has that been tried elsewhere? Would it be constitutional? Would it open […]
November 26, 2018
Myers McNeill and What Happens When Reasonable Suspicion Dissipates
Last week, the court of appeals ruled that during a traffic stop, an officer may require a driver to produce his or her license and may run computer checks on […]
November 5, 2018
Search Warrants for Very Minor Offenses
What’s the most inconsequential criminal offense in North Carolina? My personal favorite is sale of immature apples, a Class 3 misdemeanor under G.S. 106-189.2. But take a look at the […]
September 17, 2018
Security Searches at Courthouses
To enter most courthouses these days, a person must submit to a security search. Often, one must walk through a metal detectors and pass one’s personal items through an x-ray […]
August 13, 2018
Does a Search Warrant for a Person Authorize a Strip Search?
Most search warrants are for homes or offices. Some are for vehicles. Less often, a search warrant is for a person. See generally G.S. 15A-241 (defining a search warrant as […]
July 23, 2018
Search Warrants Authorizing Law Enforcement Computer Hacking and Malware
Suppose that law enforcement becomes aware of criminal activity taking place through a website, like the distribution of child pornography or the sale of illegal drugs. Can officers use computer […]
June 25, 2018
Supreme Court Rules that Obtaining Cell Site Location Information Is a Search
On Friday, the Supreme Court issued a long-awaited opinion in Carpenter v. United States. The Court held that when law enforcement obtains long-term cell site location information from a suspect’s […]
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