The Traffic Checkpoint

It is well known that for many years the police have at times utilized traffic checkpoints, for example to look for intoxicated drivers. What exactly constitutes a traffic checkpoint for purposes of a…

Get ready for the subpoena for computers

With the advent of personal computers, the courts have had to develop law on how to apply the Fourth Amendment prohibition against unreasonable searches and seizures to police efforts to obtain eviden…

Handcuffed but not arrested

One area of criminal law that has been the subject of many appellate opinions is the notion of “stop and frisk,” as originally adopted in the Supreme Court’s opinion in 1968 in Terry v. Ohio. Although…

Another reason not to drink and drive

Driving a vehicle after consuming alcohol is not only illegal and very dangerous, but puts the driver at risk of arrest and serious legal consequences. This may include a search of the driver’s vehicl…

The DUI and the car search

 
The circumstances under which a car may be searched after an arrest have been discussed in many reported appellate cases. The Fourth Amendment’s prohibition against warrantless searches of indi…

Cell phones and the Fourth

It is rare that a case is reported from today’s Supreme Court that is a unanimous decision. However, the opinion last month in Riley v. California shows how the Court is willing to extend Fourth Amend…

Cell phones are off-limits

 
The Supreme Court ruled unanimously on June 25 that police must obtain a search warrant to search the cell phones of people they arrest, a decision that defense attorneys are praising for its p…