Articles on search warrants - Page 4 of 5

I’ve had several questions lately concerning search warrants for meth labs. The basic issue is whether officers who find hazardous chemicals and other dangerous items may destroy them right away, […]

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 […]

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 […]

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, […]

Most search warrants are obtained before anyone has been charged with a crime. But sometimes officers will charge a defendant and then decide to obtain a search warrant to seek […]

I’ve been asked several times recently whether people who are not sworn law-enforcement officers may apply for search warrants. Somewhat to my surprise, the answer is yes. Statutory analysis. For […]

From time to time, an officer from another state wants to get medical records from a North Carolina hospital. For example, a South Carolina officer may want the medical records […]

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 […]

Last week, I posted a paper about warrantless searches of computers and electronic devices. Today, I’m posting its companion: this paper about warrant searches of computers, which I have just […]

To be valid, consent to search must be voluntary. Is consent voluntary when given after an officer thrreatens to obtain a search warrant if consent is withheld? Generally, yes. See […]