Computer Searches and Plain View
Jeff Welty
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 […]
November 21, 2013
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 […]
Read post "Computer Searches and Plain View"November 19, 2013
More and more criminal investigations involve searches of computers and other digital devices. It is sometimes difficult to apply long-established search and seizure law to the practical realities of digital […]
Read post "Returns and Inventories for Computer Search Warrants"September 23, 2013
In a post last week, I mentioned that it looks increasingly likely that Supreme Court will grant certiorari in a case considering cell phone searches. In this post, I’ll support […]
Read post "Cell Phone Searches Headed to the Supreme Court?"September 17, 2013
The Ninth Circuit recently decided a case that addresses a question I’ve been asked several times: may the police answer a seized cell phone? The answer may depend on the […]
Read post "Can the Police Answer a Seized Cell Phone?"September 5, 2013
This blog post is divided in two parts. This is Part II. Part I was posted yesterday. That post offered a general introduction, defined a strip search, and discussed the […]
Read post "Strip Searches by Law Enforcement Officers (Part II)"September 4, 2013
This blog post is divided in two parts. This is Part I. Part II will be posted tomorrow. Introduction. These posts will discuss strip searches by law enforcement officers that […]
Read post "Strip Searches by Law Enforcement Officers (Part I)"August 6, 2013
This topic was divided in two parts. This is Part II. Part I was posted yesterday. In yesterday’s blog post, I discussed the United States Supreme Court in 2009 ruling […]
Read post "Search Incident to the Arrest of an Occupant of a Vehicle: Review and Update (Part II)"August 5, 2013
This blog post is divided in two parts. This is Part I. Part II will be posted tomorrow. The United States Supreme Court in 2009 issued a ruling in Arizona […]
Read post "Search Incident to the Arrest of an Occupant of a Vehicle: Review and Update (Part I)"July 9, 2013
The question. Many cases hold that the smell of marijuana provides probable cause to search a vehicle. See, e.g., State v. Greenwood, 301 N.C. 705, 708 (1981); State v. Smith, […]
Read post "Searching a Person Based on the Smell of Marijuana"October 11, 2012
I blogged previously about whether the concept of curtilage applies to multi-unit dwellings like duplexes and apartment buildings. It’s an interesting question, and the cases summarized in the prior post […]
Read post "Multi-Unit Dwellings and Curtilage"