Probable Cause and Search Warrants for Cell Phones
Law enforcement officers often seek search warrants for suspects’ cell phones. When they do, judicial officials must determine what sort of evidence is needed to support the issuance of a […]
September 22, 2016
State v. Lindsey: Another Close Call on Probable Cause for DWI
Do the following facts provide probable cause to arrest for impaired driving? An officer pulls behind a vehicle at a stoplight around 3 a.m. and sees that its registration is […]
September 19, 2016
Searches of Vehicles and Occupants Based on the Odor of Marijuana
May an officer search a motor vehicle based on the officer’s detection of the odor of marijuana coming from the vehicle? May the officer search the occupants of the vehicle? […]
August 31, 2016
HGN, the Rules of Evidence and Suppression Hearings
True or False: An officer does not have to be qualified as an expert to testify about horizontal gaze nystagmus in a hearing on a motion to suppress in an […]
August 9, 2016
No Probable Cause to Search Vehicle Occupant Based Solely on Generalized Odor of Marijuana Emanating From Vehicle
The existence of probable cause to search a vehicle and probable cause to search a vehicle occupant based on an odor of marijuana emanating from a vehicle present separate legal […]
June 28, 2016
The Statutory “Four Corners” Rule When Determining Probable Cause for a Search Warrant
G.S. 15A-245 provides that information other than that contained in a search warrant affidavit may not be considered by the issuing official in determining whether probable cause exists to issue […]
January 12, 2016
N.C. Court of Appeals Rules That Affidavit For Search Warrant to Search Residence Failed to Link Residence to Drug Activity That Had Occurred Elsewhere
Last week a three-judge panel of the North Carolina Court of Appeals in State v. Allman (5 Jan. 2016), ruled (2-1) that a search warrant to search a residence for […]
October 12, 2015
Search Warrants for Suicide Scenes
Here’s a question that comes up from time to time: May a search warrant issue for a residence in which an apparent suicide has taken place, in order to rule […]
June 17, 2015
The DWI Year in Review, Part II
Whether there was probable cause to arrest the driver is a hotly litigated issue in cases involving impaired driving. Unfortunately, there aren’t all that many appellate opinions addressing the hard […]
April 23, 2015
Nystagmus in the Courts
Jurisprudence over whether officers may testify about defendants’ horizontal gaze nystagmus (HGN) in impaired driving trials has failed to follow a smooth path. In fact, one could fairly note that […]
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- Maggie Bailey
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- Timothy Heinle
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- Tom Thornburg
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- Jeffrey Welty