Articles related to Search and Seizure - Page 8 of 9

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 […]

In Arizona v. Gant, __ U.S. __, 129 S. Ct. 1710 (2009), the Supreme Court held that an officer may search an arrestee’s vehicle incident to arrest only if the […]

The Court of Appeals just decided State v. Battle, a case about roadside strip searches. It’s an important case for judges, lawyers, and especially officers. A confidential and reliable informant […]

When a law enforcement officer is entitled to search a computer for evidence, she typically is entitled to look at every file on the computer, at least briefly. That’s because […]

Earlier this week, the court of appeals decided State v. Simmons, a search and seizure case that should interest officers, lawyers, and judges. The facts are simple: an officer stopped […]

The Ohio Supreme Court recently ruled that cell phones generally cannot be searched without a warrant incident to arrest. That court’s decision is here. The law in North Carolina appears […]

The principal probation reform bill (S.L. 2009-372 [S 920], summarized here) went into effect on December 1. Since then, I’ve received a number of questions about it, many of them […]

I have been asked several times about the validity of search warrants that authorize the police to search a particular place and “all persons on the premises.” It sounds as […]

As I’ve mentioned before, I’m especially interested in the law regarding electronic communications and electronic evidence. (For one thing, it allows me to look at web sites like Gizmodo and […]

I noted yesterday that a law enforcement officer conducting a traffic stop may order the driver and any passengers out of the vehicle. It’s also reasonably clear that the officer […]