Is Arizona v. Gant Limited to Automobiles?
Jeff Welty
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 […]
September 2, 2010
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 […]
Read post "Is Arizona v. Gant Limited to Automobiles?"February 16, 2010
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 […]
Read post "The “Battle” over Roadside Strip Searches"January 27, 2010
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 […]
Read post "Computer Searches and Plain View II"January 7, 2010
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 […]
Read post "“Cigar Guts”"December 18, 2009
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 […]
Read post "Searching Cell Phones for Evidence of Texting While Driving"December 17, 2009
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 […]
Read post "Drug Testing of Probationers as a Warrantless Search"November 25, 2009
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 […]
Read post "Search Warrants for “All Persons on the Premises”"November 6, 2009
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 […]
Read post "New Publication on Electronic Search and Seizure"October 28, 2009
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 […]
Read post "Traffic Stops, Part II"October 27, 2009
As one eminent Fourth Amendment scholar has observed, “[i]n recent years more Fourth Amendment battles have been fought about police activities incident to . . . what the courts call […]
Read post "Traffic Stops"