Empty Your Pockets
Jeff Welty
Can a police officer order a suspect to empty his or her pockets during a Terry stop? The New York Times reports on claims that New York officers do so […]
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September 29, 2011
Can a police officer order a suspect to empty his or her pockets during a Terry stop? The New York Times reports on claims that New York officers do so […]
READ POST "Empty Your Pockets"February 19, 2010
Jeff wrote earlier this week about roadside strip searches. Today’s post is about strip searches of arrestees as they are booked into the jail. The longstanding rule regarding searches of […]
READ POST "Strip Searches of Arrestees at the Jail"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"February 11, 2010
I’ve bumped into a couple recent cases in which law enforcement officers have requested consent to search a car and have received ambiguous responses. (For a discussion of when officers […]
READ POST "Do You Mind if I Search?"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"April 22, 2009
The Supreme Court decided Arizona v. Gant yesterday. The opinion is available here, and a news article about the case is here. It’s a pretty significant Fourth Amendment case, so […]
READ POST "Arizona v. Gant and Searches Incident to Arrest"February 13, 2009
I am teaching today, so I only have time for a quick post on a subject that crops up from time to time: how can the state compel access to […]
READ POST "Investigative Court Orders"February 11, 2009
The News and Observer ran a story today about a piece of proposed legislation that would allow any law enforcement officer to search any probationer, for any reason, at any […]
READ POST "Searching Probationers"January 29, 2009
Nearly 90% of American adults have cell phones. When one of those cell phone users is arrested, may police search their mobile phone incident to arrest? The Fourth Circuit recently […]
READ POST "Searching Cell Phones Incident to Arrest"January 26, 2009
Earlier this month, the United States Supreme Court decided Herring v. United States, no. 07-513, a case that raises interesting questions about the future of the exclusionary rule. An officer […]
READ POST "Herring v. United States and the Future of the Exclusionary Rule"