December 14, 2022
The North Carolina Court of Appeals in State v. Eagle, 2022-NCCOA-680, ___ N.C. App. ___, 879 S.E.2d 377 (2022), considered whether the driver of a car that had already stopped […]
March 29, 2021
This post summarizes a decision released by the United States Supreme Court on March 25, 2021.
May 24, 2018
A Fourth Amendment seizure does not occur when an officer turns on her patrol vehicle’s lights and siren to signal for a vehicle to stop. Instead, it occurs when a […]
August 7, 2017
Sometimes, after a defendant has been arrested for a crime, an Immigration and Customs Enforcement (ICE) officer will file an immigration detainer with the agency that has custody of the […]
March 28, 2017
Jeff Welty wrote a post in 2010 on when a seizure occurs after an officer operates emergency lights to order a driver to stop his or her vehicle. This post […]
December 14, 2016
Joshua Wilson had just pulled his truck out of the driveway of a residence in Burlington when he saw a police car parked in the road in front of him. […]
December 13, 2016
The new edition of Arrest, Search, and Investigation in North Carolina, Fifth Edition, 2016 is now available. Continue reading for additional information.
February 9, 2016
In California v. Hodari D., 499 U.S. 621 (1991), the United States Supreme Court reformulated the definition of a seizure of a person under the Fourth Amendment. This post discusses […]
January 25, 2016
On January 11, 2016, the Fourth Circuit decided Armstrong v. Village of Pinehurst, a major case concerning the use of tasers by law enforcement officers. The opinion is here. This […]
June 3, 2015
The United States Supreme Court held in Rodriguez v. United States, ___ U.S. ___, 135 S. Ct. 1609 (2015) (discussed here), that a law enforcement officer may not extend a […]