Search Warrants for Meth Labs
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, […]
January 7, 2014
Heavy Traffic to a Residence and Probable Cause
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 […]
November 19, 2013
Returns and Inventories for Computer Search Warrants
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 […]
July 9, 2013
Searching a Person Based on the Smell of Marijuana
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, […]
June 24, 2013
Obtaining a Search Warrant after Charges Have Been Brought
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 […]
June 19, 2013
Non-Officers Applying for Search Warrants
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 […]
September 13, 2011
Out-of-State Requests for in-State Medical Records
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 […]
June 28, 2011
Probable Cause: The Same for All Crimes?
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 […]
May 11, 2011
Warrant Searches of Computers
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 […]
November 10, 2010
Consent to Search under Threat of Search Warrant
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 […]
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