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 […]
January 25, 2018
Probable Cause and the Party at Peaches’ House
The United States Supreme Court issued its opinion in District of Columbia v. Wesby on Monday, holding that police officers had probable cause to arrest 16 people for unlawful entry […]
January 17, 2018
Court of Appeals Reconsiders State v. Reed and Again Finds a Fourth Amendment Violation
The court of appeals decided another significant Rodriguez case yesterday, ruling (again) in State v. Reed that the highway patrol trooper who stopped the defendant for speeding on Interstate 95 […]
December 13, 2017
Questions and Resources about Searches of Cloud Storage
If a law enforcement officer obtains a search warrant for a suspect’s cell phone, may the officer use the phone to access cloud storage to which it is linked? For […]
November 6, 2017
Supreme Court of North Carolina: Officer Did Not Improperly Extend a Traffic Stop by Frisking a Driver and Ordering the Driver into a Patrol Car
In 2015, the Supreme Court of the United States decided Rodriguez v. United States, 575 U.S. __, 135 S. Ct. 1609 (2015). Rodriguez held that it was improper for an […]
October 23, 2017
New Book on Traffic Stops and Offenses
I’m pleased to announce that the School of Government has just released a new book entitled Pulled Over: The Law of Traffic Stops and Offenses in North Carolina. Shea Denning, […]
October 16, 2017
New Cases Hold that Using a Stingray Is a Search
Several years ago, I wrote about law enforcement use of cell site simulators, or Stingrays, noting that “[t]here’s a controversy about the legal status of these devices.” This post discusses […]
August 22, 2017
Update on Drones
I wrote about law enforcement use of drones here, and a little bit here. It is now easier than before for law enforcement agencies to acquire drones, and some agencies […]
August 15, 2017
State v. Huddy and the Community Caretaking Exception
Huddy, ___N.C. App. ___, 799 S.E.2d 650 (April 18, 2017) was decided earlier this year and reversed the trial court’s denial of a motion to suppress. A unanimous Court of […]
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