What Level of Suspicion Is Required to Arrest for a Probation Violation?
There aren’t very many federal cases about North Carolina probation. When we get one, I’m inclined to write about it. In Jones v. Chandrasuwan, __ F.3d __ (4th Cir. 2016), […]
May 17, 2016
May an Officer Assume a False Identity Online in Order to “Friend” a Suspect?
Officers are allowed to misrepresent their identities in the course of their investigations: they may pose as drug buyers, or prostitutes, or members of an organized crime syndicate. Is the […]
May 9, 2016
Court of Appeals Finds Extension of Traffic Stop Unsupported by Reasonable Suspicion
Last week, the court of appeals decided State v. Bedient, a significant post-Rodriguez opinion on traffic stops. The court ruled that an officer lacked reasonable suspicion to extend a stop […]
April 20, 2016
Warrant Required for Testing of Unconscious DWI Suspect
The United States Supreme Court heard oral arguments this morning in three cases involving the chemical testing of impaired drivers. The question before the court in each case is whether, […]
March 22, 2016
North Carolina Supreme Court Affirms Post-Rodriguez Court of Appeals Ruling in State v. Warren
Last April, 2015, the United States Supreme Court in Rodriguez v. United States, 135 S. Ct. 1609 (2015), significantly limited the scope of a traffic stop. The Court ruled that […]
March 10, 2016
Do DWI Suspects Have a Right to the Least Intrusive Chemical Test?
In its seminal opinion establishing the State’s right to withdraw blood from a DWI suspect over his objection and without a warrant when there are exigent circumstances, the United States […]
February 23, 2016
North Carolina Court of Appeals Issues Ruling on a Strip Search by Law Enforcement Officers
In 2013, I wrote two posts on strip searches by law enforcement officers, which are available here and here. This post discusses the first published North Carolina appellate court strip […]
February 9, 2016
Understanding Whether a Seizure Occurs When an Officer’s Vehicle Blocks Another Vehicle
In California v. Hodari D., 499 U.S. 621 (1991), the United States Supreme Court reformulated the definition of a seizure of a person under the Fourth Amendment. This post discusses […]
February 1, 2016
Body Cameras and the Mosaic Theory of the Fourth Amendment
Many law enforcement officers, including those in five of North Carolina’s six largest cities, are or soon will be wearing body cameras. The prevailing view is that the use of […]
January 25, 2016
Fourth Circuit Issues a Major Opinion on the Use of Tasers
On January 11, 2016, the Fourth Circuit decided Armstrong v. Village of Pinehurst, a major case concerning the use of tasers by law enforcement officers. The opinion is here. This […]
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