Fascinating Footnote 3
Jeff Welty
The most famous footnote in all the world is generally acknowledged to be footnote 4 in United States v. Carolene Products Company, 304 U.S. 144 (1938). That footnote introduced to […]
August 13, 2012
The most famous footnote in all the world is generally acknowledged to be footnote 4 in United States v. Carolene Products Company, 304 U.S. 144 (1938). That footnote introduced to […]
Read post "Fascinating Footnote 3"August 9, 2012
May an officer prolong a routine traffic stop for four and a half minutes to allow a drug dog to sniff the exterior of the vehicle–even if the officer lacks […]
Read post "State v. Sellars: De Minimis Delay for Dog Sniffs Permissible"July 30, 2012
If you have an iPhone, an iPad, or an iPod touch, you can now download the School of Government’s first smartphone app, a guide to the law of search and […]
Read post "Search and Seizure iPhone App"May 3, 2012
I’m just getting back to work after a leave of absence, and I’m still getting caught up on some major cases that were decided while I was out. One such […]
Read post "Strip Searches of Arrestees at the Jail after Florence"August 30, 2011
I’ve written about traffic stops at some length, in this paper. One of the areas in which the law is unsettled is the extent to which officers may engage in […]
Read post "Fourth Circuit Adds to the Controversy over Traffic Stops"June 28, 2011
Suppose that a magistrate is asked to issue a search warrant for a particular residence. Based on the information presented to her by the applicant, the magistrate believes that there […]
Read post "Probable Cause: The Same for All Crimes?"May 17, 2011
Yesterday, the Supreme Court decided Kentucky v. King, a case that addresses — actually, eviscerates — the officer-created exigency doctrine. The facts are as follows: Officers investigating possible drug crimes […]
Read post "Kentucky v. King and the Officer-Created Exigency Doctrine"May 3, 2011
I keep a list of cases from across the country on warrantless searches of computers and other electronic devices. It covers topics like searches of cellular phones incident to arrest, […]
Read post "Warrantless Searches of Computers and Other Electronic Devices"December 16, 2010
I’ve written about law enforcement access to electronic communications, both on this blog and, more extensively, in this Administration of Justice Bulletin. One major issue is how and when law […]
Read post "Big News about Law Enforcement Access to Email"December 1, 2010
North Carolina’s appellate courts have long said that a proceeding to revoke probation is not a criminal prosecution or a formal trial. Instead, probation hearings are generally regarded as informal […]
Read post "The Exclusionary Rule and Probation Hearings"