Archive for April 2012

Police Tracking of Cellphones

What was originally a very rare practice and largely limited to federal authorities – the tracking of cellphones by police – has now become more common, and has spread to state and local police agencies. The New York Times reports that: With cellphones ubiquitous, the police call phone tracing a valuable weapon in emergencies like…

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Dog Sniffs and Drug Detection: Probable Cause?

The Supreme Court has agreed to review a lower ruling involving whether drug detection dogs – which are notoriously poorly trained and poorly handled – can serve as a pretext for a warrantless search. As the Florida Supreme Court wrote in Harris v. State: When will a drug-detection dog’s alert to the exterior of a…

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Can Sober Drivers get DUIs?

A California lawmaker is proposing a DWI law that would make it illegal to drive while sober. The bill would make it: Because she wants to make it “unlawful for any person who has any level of cannabinoids or synthetic cannabinoid compound in his or her blood or urine to drive a vehicle.” Cannabinoids —…

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Superior Court and DWIs: Part II

In addition to increasing the efficiency of DWI adjudication (about which I previously have commented), placing DWIs in Superior Court will improve a defendant’s access to discovery. N.C.G.S 15A-901 provides that all cases in the original jurisdiction of Superior Court are governed by the State’s open-file discovery law. This means that Defendants are entitled to…

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