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North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of North ­Carolina held that the warrantless search of a disabled vehicle was not reasonable when officers had the authority …
Article • August 1, 2023 • from CLN August, 2023
Police Departments Conspire with Boards to Secretly Install License Plate Cameras Without Consent of Residents by Benjamin Tschirhart by Benjamin Tschirhart Flock Safety” sounds innocuous, like a company that might provide security for chicken farmers. However, this company has nothing to do with fowl. But make no mistake; what they …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Curtilege
New Hampshire Supreme Court: Warrant Required to Enter Walled-In Porch Attached to Mobile Home by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Hampshire held that a warrantless entry of an enclosed porch attached to a mobile home was constitutionally impermissible because the homeowner took steps to …
Article • February 15, 2022 • from CLN March, 2022
Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage by Anthony Accurso by Anthony W. Accurso  The Vermont Supreme Court held that it is an unconstitutional search where an officer actively searches for evidence of a crime on a home’s curtilage while present for purpose unrelated …
Article • November 15, 2021 • from CLN December, 2021
Colorado Supreme Court: Warrantless Pole Camera Surveilling and Recording of Curtilage for Over Three Months Constitutes an Illegal Search by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado affirmed a decision of the Court of Appeals (“COA”), holding that a warrantless surveillance and recording of a home’s curtilage …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Automobile Exception
Fourth Circuit Extends Gant’s Automobile Search-Incident-to-Arrest Framework to Searches of Non-Vehicular Containers by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit extended the holding in Arizona v. Gant, 556 U.S. 332 (2009) (vehicle may be searched incident to arrest without a warrant if police …