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 […]
June 11, 2018
What Everyone Needs to Know about Knock and Talks
Knock and talks are a common, useful, and sometimes controversial law enforcement tool. I thought that I would put together a post that summarizes the principal legal issues that they […]
June 4, 2018
Even When the Controlled Buys Happen at the Back Door, Knock and Talks Must Happen at the Front Door
I’ve blogged before about whether law enforcement officers may go to a side door, or the back door, when attempting to conduct a knock-and-talk. The court of appeals just decided […]
May 30, 2018
Collins v. Virginia: Supreme Court Directs Traffic at the Intersection of the Automobile Exception and Searches of the Home
An officer sees a motorcycle that he has probable cause to believe is stolen parked in the suspect’s driveway. The motorcycle is partially covered by a tarpaulin. May the officer […]
May 24, 2018
State v. Turnage and Determining When a Defendant is Seized
A Fourth Amendment seizure does not occur when an officer turns on her patrol vehicle’s lights and siren to signal for a vehicle to stop. Instead, it occurs when a […]
May 21, 2018
Supreme Court: Driver of Rental Car, Not Listed on Rental Agreement, Has Reasonable Expectation of Privacy
A week ago today, the Supreme Court of the United States resolved a circuit split and ruled that a person driving a rental car, but not listed on the rental […]
April 2, 2018
When Is a Residence Abandoned under the Fourth Amendment?
An officer normally needs a search warrant to search a residence, unless an exception to the warrant requirement applies. That’s because residences are protected by a reasonable expectation of privacy […]
February 26, 2018
Particularly Describing the Evidence to Be Seized under a Search Warrant
The Fourth Amendment states in part that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the […]
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