Articles related to Search and Seizure - Page 5 of 9

In my first Warrantless Stops 101 post, I offered these basic questions to frame the analysis:

1. Did a seizure occur?
2. If so and it was a stop, was it supported by reasonable suspicion or other valid basis?
3. If reasonable suspicion supported the stop, was the officer’s subsequent conduct sufficiently limited in scope?
4. If the seizure was an arrest, was it supported by probable cause?
5. If the arrest was supported by probable cause, was the search permissible?

My first post focused on whether a seizure occurred. This one looks at whether the stop was supported by reasonable suspicion. If so, the stop itself is constitutional and the only remaining issue is whether the officer’s conduct exceeded the scope of the stop, a topic I’ll take up in a later post.

Years ago, the School of Government did quite a bit of training for the Highway Patrol and other law enforcement officers. These days, we focus most of our criminal law courses on judges, lawyers, and magistrates. But I still view officers as an important audience for our work, and I recently wrote an article for Police Chief magazine that is meant to help officers obtain valid search warrants for digital devices.

Sorting out Fourth Amendment issues in the context of warrantless stops can be tricky. I like to break the case down into five basic questions:

1. Did a seizure occur?
2. If so and it was a stop, was it supported by reasonable suspicion or other valid basis?
3. If reasonable suspicion supported the stop, was the officer’s subsequent conduct sufficiently limited in scope?
4. If the seizure was an arrest, was it supported by probable cause?
5. If the arrest was supported by probable cause, was the search permissible

This flowchart illustrates the analysis:

The court of appeals recently decided a case about when a pedestrian’s efforts to avoid an officer provide reasonable suspicion for an investigative stop. The type of encounter involved is […]

The Supreme Court ruled in Riley v. California that cell phones can’t be searched incident to arrest. Jessie explained in yesterday’s post that Riley applies to cases that were pending […]

I realize that the last update was only a few months ago, but I have updated my traffic stops paper again. It now includes a discussion of the United States Supreme […]

Yesterday, the Supreme Court heard two cases regarding whether law enforcement officers may search a suspect’s cell phone incident to arrest. Generally, the answer to that question in North Carolina […]

Last week the United States Supreme Court in Fernandez v. California (February 25, 2014) clarified an issue left open in its ruling in Georgia v. Randolph, 547 U.S. 103 (2006): […]

The court of appeals decided a case today concerning a fact pattern that arises frequently in drug cases. State v. McKinney began when an officer received a “citizen complaint” about […]

Law enforcement officers are making more and more use of video surveillance cameras, often mounted on utility poles. Sometimes these cameras are focused on streets or parks, as discussed in […]