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Category: plain view

North Carolina Supreme Court Upholds Warrantless Seizure of Drugs on a Home’s Curtilage

The Fourth Amendment protects the home as well as its curtilage, which is defined as the area immediately surrounding the home and associated with it. Recently, the North Carolina Supreme Court in State v. Grice, 2015 WL 304075 (Jan. 23, 2015), was confronted with a Fourth Amendment issue involving the curtilage. The court held, reversing the court of appeals, ___ N.C. App. ___, 733 S.E.2d 354 (2012), that officers who were validly on the curtilage of a residence to conduct a knock and talk did not violate the Fourth Amendment when they saw marijuana plants 15 yards away on the curtilage and warrantlessly seized them.

Computer Searches and Plain View

Whether the plain view doctrine makes sense in the context of computer searches, and if it doesn’t, what courts should do about it, are controversial issues. We don’t have any […]

Computer Searches and Plain View

Computers and electronic storage media can hold massive quantities of data. At approximately 30,000 pages per gigabyte, a low-end laptop computer with a 250 gigabyte hard drive can store the […]