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 […]
February 14, 2018
Obtaining and Admitting Evidence from a Vehicle’s Black Box
The number of people killed in motor vehicle crashes in the United States increased in by 5.6 percent from 2015 to 2016. In 2016, 37,461 people were killed in crashes […]
February 8, 2018
State v. Terrell and the Private Search Doctrine
Author’s note: The North Carolina Supreme Court in State v. Terrell, ___ N.C. ___, 831 S.E.2d 17 (Aug. 16, 2019), affirmed the court of appeals judgment discussed below. The state […]
January 29, 2018
Real-Time Cell Phone Tracking Update, Including a New Case
The Court of Appeals of North Carolina recently decided a case about police obtaining real-time location information from a suspect’s cellular service provider. The case does not address the principal […]
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