November 6, 2017
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
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
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
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 […]
November 8, 2016
Last week, Jeff Welty wrote a post concerning the failure to allege in a search application that the premises to be searched is the suspect’s home, and it included a […]
October 11, 2016
Here’s a common fact pattern: Officers find a person in possession of drugs. The officers say, in effect, “we won’t arrest you if you’ll tell us who sold you the […]
October 10, 2016
Generally, officers may obtain a valid consent to search only from a person whose reasonable expectation of privacy may be invaded by the proposed search. Sometimes two or more people—for […]
October 3, 2016
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 26, 2016
May an officer, during a traffic stop, order an occupant out of the stopped vehicle? Into the officer’s vehicle? The law on this question has become unsettled.
September 19, 2016
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? […]